Abstract:

Natural Persons’ Capacity to Have Rights And Applicable Law to The Capacity to Have RightsT he primary subject of this article consists of capacity to have rights, which is one of the most fundamental concepts of law, and the determination of the applicable law to the capacity to have rights within the scope of private international law.  In the first section of the article, the approach of various jurisdictions to the natural persons’ capacity to have rights within the frame of comparative law discipline is evaluated. In this scope, the approaches towards the commencement of capacity to have rights and the events in which the capacity to have rights is restricted or expired, are analysed. Additionally, necessity of the term of capacity to have rights, and what should be the position of the capacity to have rights towards future concepts as artificial intelligence are discussed.The second section of the article also evaluates the applicable law to the natural persons’ capacity to have rights in private international law, by comparing various jurisdictions. The said evaluations are intended to be detailed by being divided into three sections as the beginning, content and expiration of the capacity to have rights. In the last section, the applicable law to names is evaluated and the issues of special capacity rules, transaction safety rule, conflit mobile and intervention of public order are examined. The purpose of this article is designated as both creating a noteworthy work on the subject of natural persons’ capacity to have rights and applicable law to natural persons’ capacity to have rights, and providing information about the regulations in various jurisdictions. In accordance with this purpose, legal persons’ capacity to have rights excluded from the scope of this article

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