Our internal regulations în force, similar to the legislations from other countries, for example Russia, Ukraine, Romania etc., regulates the possibility of the physical capacity limitation of individuals. A person whose legal capacity was limited, on the bases of a judicial act, is deprived of the possibility to engage în even basic socio-legal relationships, such as having own property, claiming social benefits, consenting a medical treatment, disposing of their own property etc. These arrangements are directed to policies and practices of excluding these persons from society. Almost, instead, în base of our international regulation the institution of the juridical capacity of individuals was regulated for ensuring the persons protection, în reality it happens differently. The most of the individuals who were limited în their legal capacity are abused of their trusteeship and deprived of their property, because their opinions and decisions do not present any importance for the persons who legally represent them. The meaning of this article is to present veridical facts and arguments for proving that the essence of legal capacity does not result from the ability of the individual to realize or conduct his/her actions. Consequently, legal capacity as a concept does not merge with the concept or assessment of the mental capacity of a person, but rather the essence of legal capacity results from the quality of being a person and subject of law and regulations need to be concerned about what kind of support requires the person to exercise legal capacity.