The theme of the dissertation is a business capacity and incapacity that is shown through the description of the environment in which there are subjects of law, historical experience of development, features of personality of different legal and natural persons. Then determined personality of legal persons in the entire range. Primarily it describes conceptual definition of legal capacity, with emphasis on the role, importance, impact and differentiation. The special personality of a child whose role in the system is two-way because it is a subject and an object of legal protection . Here it is possible to spot the special social and legal relationship - parenthood .The primary obligation to protect have the parents and the state intervenes only in the case when parents are unable to care for the child. The institute of deprivation of legal capacity, the court proceedings, the right to an initiative, medical opinion, judicial decision and guardianship as a special form of social intervention were considered.