LIMITED LEGAL CAPACITY OF NATURAL PERSONS

This paper examines the limited legal capacity of natural persons as a subtype of general legal capacity, which itself is a core institution of civil law, referred to as legal subjectivity. The research shows that limited legal capacity is a rare phenomenon in modern legal systems, as it restricts the bearer from exercising certain subjective rights and obligations. This paper aims to analyze the reasons why general legal capacity may be restricted and to identify cases where limited legal capacity arises within the legal framework of the Republic of North Macedonia. The analysis reveals that limited legal capacity primarily appears in relation to items of common use (such as waters, coastlines, cemeteries, public roads, and squares), which are, under the Law on Ownership and Other Real Rights, exclusively reserved for state ownership. In addition to common-use items, the concept also applies to the sale of state-owned agricultural land to foreigners. Under current legislation, foreigners are not permitted to purchase such land; thus, their legal capacity in this context is limited. Moreover, foreigners who are not nationals of the European Union or Organization for Economic Cooperation and Development (OECD) member states face restrictions: their acquisition of ownership rights over agricultural land, construction land, residential buildings, apartments, and commercial premises is subject to the principle of reciprocity. Limited legal capacity also appears in contexts involving regulated goods such as medications, narcotic drugs, and weapons, where the right of ownership is conditioned by specific legal criteria.