The Constitution of the Republic Moldova determined and guaranteed principle liberty access to justice form realization protection of the violations rights and liberties personality. This principle find his application in examination civil procedure. This article describe one of the most important problem before preconditions and conditions realizations of the right on excitation of affairs about a recognition the physical person it is limited capable or incapacitated. This problem is not discover in full measure in scientist’s works. Author propose opinion for solution this question and give definition at object.