Our internal regulations do not define the notion of legal capacity, but the civil legislation regulates the constituent parts of that concept, exercise capacity and capacity of use. In accordance with the legal notion, the person’s ability to have rights and obligations, represents the capacity of use. Exercise capacity represents the ability of person to acquire and exercise rights, by his own act, to assume obligations and execute them. Dividing the concept of legal capacity in two constituents, capacity of use and exercise capacity, our legislation ensure the right to legal capacity to all the persons, explains our internal experts, but is there the simple existence of right enough for ensuring the right to legal capacity, without ensuring the free exercise of that rights?! According to the international standards, the capacity to hold rights automatically entails the capacity to exercise them. Human rights scholars argue convincingly that article 12 of the Convention on the rights of persons with disabilities invests persons with disabilities with both of these aspects of legal capacity. In other words, the capacity to hold rights automatically entails the capacity to exercise them with appropriate supports acceptable to and chosen by each individual. 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.