Let's try to figure out what kind of relationship is regulated by civil law. We are talking about a set of rules of law that relate to personal and property character, issues of ownership, monetary, commodity relations. The objects of property rights are legal entities and individuals. The purpose of the relationship is to fully satisfy the material and spiritual needs of citizens within the framework of Russian legislation.
Basic principles
Civil rights and freedoms are based on equality. Based on this principle, the regulation of relations between participants in civil legal relations is carried out. There are several categories:
- civil law;
- an object;
- subject;
- civic duty.
Rights and obligations
Talking about what kind of relations are regulated by civil law, let us dwell on the rights and obligations regulated by this type of law. Subjective duties and rights may change, arise, terminate on the basis of legal facts in a particular situation:
- equality (relations appear between the parties on an equal footing);
- relations regulated by this law are related to the economic component;
- the rule of law (relations obey the law);
- set of duties and rights of subjects.
Classification
It was introduced to simplify the understanding of the norms of this law by subjects. Civil legislation of the Russian Federation implies the following division of all relations:
- property (the object is a material benefit, legal relations reflect the ownership of property, its management, transfer to other forms of ownership);
- non-property (intangible goods, intellectual property, personal rights).
The specificity of a material good (an object of property relations) is that it can be applied and belong to one person, not allowing use by other citizens.
Intangible goods can be used by other people without restriction. For example, you can include the company name, technical invention, trademarks. But the norms of the RF Civil Code violate property rights, unlawful use of non-property benefits entails liability provided for by the legislation in force in the country.
Another classification option
Civil law and civil law also imply the following grading:
- Property legal relations that demonstrate and record the movement of property relative to the subject.
- Obligatory, reflecting the dynamics of actions in relation to non-property and property relations.
The objects of property rights are certain objects that may belong to a particular person. Implements such relations authorized law.
Obligatory relations are realized through the performance of certain duties. They may be associated with the transfer of property, the provision of services, the creation of intellectual property.
As a separate category, priority rights are determined that determine the legal advantage of one of the parties to carry out specific actions with intangible and material goods. For example, if the property (apartment, house) is in shared ownership, in case of sale of one share, the second owner can use the preemptive right to purchase it.
Objects and Subjects
Art. 2 Civil Code of the Russian Federation applies to all participants in civil matters: legal entities and individuals. According to the law in force in the Russian Federation, Russian citizens and stateless persons can act as them. Subjects enter into civil legal relations upon the appearance of interest in a certain intangible or material good.
As elements, an object and a subject are considered.
The state is the subject of such relations, which has certain characteristics characteristic of a legal entity. Included in the list of elements:
- subjective obligation (we are talking about the measure, which is enshrined in the norms of the GP, allows the subject to act in a specific situation in a certain way);
- subjective law (it is not binding);
- the content of legal relations of a civil nature (the process of interaction of several entities within the framework of obligations and rights to obtain tangible or intangible benefits is assumed).
Relationship options
Speaking about what relations civil law regulates, it is necessary to pay attention to the types of such relationships.
Absolute consider those types that appear as a result of opposition to the authorized person of other citizens. For example, the holder of unique intellectual property rights opposes other persons who cannot violate the right of ownership under the law. Responsibilities for third parties in this case will be general regulatory, binding.
Such relationships, regulated by civil law, are quite common.
Relative refers to the relationship of the authorized person, their structure is much more complicated. Both types of legal relationships are governed by the rule of law, they are based on free will, equality, legality.
Reasons for regulation
We continue the conversation about what relations are regulated by civil law. Their basis is a legal fact. This circumstance does not contradict the law of the Russian Federation, which becomes the basis for the appearance of legal consequences. Not always the appearance of a fact is associated with the will of the subjects of civil legal relations. It is necessary to pay attention to the fact that the emergence and change of legal relations under civil law is possible only when certain events occur, as well as their consequences.
When they appear
This question is answered by Art. 2 Civil Code of the Russian Federation. As grounds for the emergence of civil rights are considered:
- contracts that are signed in accordance with the requirements of Russian law;
- court decisions;
- Acts
- results of sales transactions;
- creation of technical inventions, writing a literary work;
- other actions of individuals and legal entities.
Civil law issues are pressing issues for all citizens. In the exercise of the rights of some persons, there shall be no harm to the rights of another person.
What to consider
Relations governed by civil law imply the following points:
- Real estate acts as a popular topic in the regulation of property problems.
- The rules of procedural law provide for the involvement of a subject in court on their own or at the request of the court.
Methods and Goals
What are the main goals of such a relationship? Property relations in civil law, as well as other relations of objects and entities, meet the following goals:
- implementation of the rule of law to protect the interests of both parties;
- implementation of the main values of the GP: legality, freedom, equality;
- inviolability of rights and property;
- compliance with the law;
- realization of the possibility of restoring violated rights and payment of material compensation.
To summarize
The principles of corporate relations include:
- coordination, dispositive (equality);
- imperative, subordinate (submission).
They are formed between participants in joint-stock companies, large corporations, between specific employees and public authorities. They are implemented on the basis of equality and free will.
The purpose of such legal relations and the application of the norms of civil domestic legislation is to find the most suitable solution to a problem within the framework of the Civil Code of the Russian Federation, to find a compromise, to resolve issues of property and property issues.
Civil rights are protected through a special regulatory mechanism. Currently, two options are used:
- implemented by a specially authorized body (jurisdictional);
- carried out personally by participants in relations on the basis of the law (non-jurisdictional).
Protection involves the following functions: judicial, administrative. Procedural civil legal relations in civil matters in the judiciary are carried out with the help of a lawyer with a narrow specialization.
The Civil Code of the Russian Federation suggests various ways of protecting such relationships:
- payment of forfeit;
- material compensation;
- restoration of the original position (to violated rights):
- recognition of an invalid real estate purchase and sale transaction.
A legal fact is a sufficient basis for terminating legal relations of a civil plan. They consider a certain circumstance, which has legal consequences under the law, in particular, the termination of the relationship of the legal plan.
Legal facts may be law-making, terminating, law-changing, law-making. They are classified into positive and negative. The first group assumes facts, the absence of which led to the termination or other legal consequences.
The second is a category that, due to its absence, caused legal consequences. Like any other branch of law, civil law has its own subject-group of homogeneous social relations. From Art. 2 of the Civil Code of the Russian Federation it follows that not all public relations related to economic benefits are regulated by this law. Only those that are based on equality of participants, property independence, and autonomy of will are ranked among them.
For this reason, those relationships that relate to property relations based on power subordination are not governed by the civil legislation of the Russian Federation.
It is supposed to divide all participants in the relationship into three groups:
- individuals (citizens of the Russian Federation of other states, stateless persons, bipatrides, refugees);
- legal entities (companies and business partnerships);
- unitary (funds, institutions, enterprises).
In terms of their status, public entities are equated with legal entities having separate property, bank accounts. They are liable independently for all legal and civil circumstances.
Limitations of such rights are allowed only on the basis of the law, if they bring negative trends into public relations (for example, low-quality advertising that misleads citizens). Jurisdictional activity is mainly carried out by the courts, which must protect and defend the disputed or violated rights of citizens.
