The concept and types of civil relations. Elements of civil law

Civil relations are one of the key mechanisms for the realization by citizens of any state of their rights. In Russian legal practice, this type of communication is presented in a wide range. What are the main elements of civil relations? What are the grounds for classifying them into individual species?

What is a civil relationship?

Before studying the essence of such a concept as elements of a civil legal relationship, we determine the nature of the communications we are studying. What is the point of view of lawyers regarding this issue? Under civil law relations, modern experts tend to understand communications that reflect property or personal relations, which are regulated by the norms in the field of civil law. The status of the parties to civil relations is equal. This is their difference, for example, from those that are implemented under administrative law, which assumes the existence of subordination (subordination) in the framework of the relationship between the parties.

At the same time, if in the course of the type of communication under consideration one entity violates the rights of another, then certain coercive means guaranteed by the state law enforcement system can be applied to him. Also, the very fact of civil relations may in some cases be established in opposition to the will of its future participants. Indeed, Russian law provides for mechanisms under which, by virtue of the law, subjects of legal relations can be ordered to conclude a particular agreement. However, the status of each of its parties will be, one way or another, legally equal.

Relationship Elements

Let us now consider what constitute the elements of a civil legal relationship. According to experts, this type of communication is a rather multi-structural phenomenon. Thus, the elements of civil law can be represented in a wide range. Researchers classify them into the following main varieties.

Firstly, these are the subjects of legal relations - individuals and organizations that are directly involved in communications, are parties to civil law transactions and are, as we noted above, in a legally equal status.

Secondly it objects of legal relations - property or personal benefits that are somehow related to the entities. This may be the subject of a contract concluded as a civil law transaction.

Thirdly, the subjective rights and obligations arising in the communication process for each of the parties are also elements of a civil legal relationship. That is, we are talking about the content of the relationship.

Thus, the elements of civic relations are classified into three main groups. Consider the specifics of each of them in more detail.

Subjects of legal relations

Let's start with the subjects of legal relations. In accordance with the civil legislation of the Russian Federation, these can be individuals, organizations, public associations, government agencies with a residence permit in the Russian Federation, as well as entities in a similar status, but with foreign citizenship or statelessness.

Thus, the status of an individual can imply participation in legal relations not only of persons with a passport of the Russian Federation, but also of foreigners, as well as people who do not have citizenship in relation to any state.Moreover, even if a person came from abroad, he is endowed with a complex of rights that is comparable to that possessed by a Russian citizen. So, in particular, foreigners or people who do not have citizenship in relation to any country can own real estate in Russia and act as subjects of transactions.

Elements of civil law relations are also legal entities. Their status is formed by combining a group of several individuals into a single structure or by using other mechanisms provided for by the legislation of the Russian Federation. In the legal system of the Russian Federation, individual entrepreneurs have special status. On the one hand, they are not legal entities by law. On the other hand, in the process of participating in civil legal relations, they can bear the same responsibilities and receive the same rights as organizations.

If we examine the essence of such a phenomenon as civil relations, the concept of “elements”, and the structural features of this type of communication, then we should also touch on the aspect of state participation. One of the parties to this type of relationship can be political institutions, if we are talking, for example, about commercial procurement by those or other bodies or institutions in which the status of a counterparty is performed by a legal entity or individual entrepreneur. Also, the state can be the subject of legal relations, when it comes to international cooperation - for example, to act as a guarantor for certain agreements. The subjects of civil relations also include non-governmental organizations and other public associations.

Objects of legal relations

The concept and elements of civil legal relations include such a category as objects of the type of communication under consideration. In accordance with the legislation of the Russian Federation, such may be material (property) or personal goods, which become the subject of interaction between the parties. This can be cash, property, licensing rights, results of work, etc. That is, the range of relevant elements of civil relations can be very wide.

In some cases, the law, as some lawyers note, may not have time to fix in the regulations a specific type of objects of legal relations. However, for such cases, the laws may provide general formulations that allow the presence in the structure of relations of any objects, even if their name is absent in the regulations.

Rights and obligations of the parties

The next element of civil legal relations is the direct content of communications, that is, the totality of rights and obligations established for each of the parties to civil law relations. Their essence can be represented in a wide range. The laws of the Russian Federation do not provide for a strict classification of the types of certain rights and obligations - subjects of relations have the right to formulate them based on the nature of the transaction.

Relationship structure

Having studied the concept and elements of civil relations, we consider an aspect regarding the structure of these communications. In the general case, two parties are parties to a relationship. One of them bears the status of authorized, the other - obligated. The first has a number of contractual rights. The second, accordingly, bears the obligations stipulated by the contract. Of course, a variant is possible in which each of the parties will simultaneously have both rights and obligations. For example, if we are talking about a contract of sale, then the acquirer of the property, on the one hand, has the right to receive the goods, on the other hand, is obliged to pay for it. In turn, the seller must transfer the subject of the transaction to the buyer, but at the same time have the right to receive appropriate compensation for it.

The legislation of the Russian Federation provides for scenarios in which parties to civil law relations may have the same rights and obligations.

Is a commonality of rights and obligations possible

Such cases are characteristic mainly of contracts, the subject of which is joint activity. That is, concluding them, the parties strive together to achieve a common goal (to implement a project, build something). In this case, the parties to the agreement are most often not entitled to demand the fulfillment of the terms of the contract in order to derive personal benefit. It is assumed that the rights and obligations for each of the parties in this scenario are the same.

The aspect of the presence of several subjects

A variant is possible in which several entities will be a party to the relationship. For example, if a purchase agreement provides for the participation of two purchasers of goods. Lawyers note that the number of actual subjects of civil legal relations does not fundamentally change the structure of this type of communication. All of them, collegially forming one of the parties to the transaction, will have the rights and obligations according to the structure of the agreement.

Types of Legal Relations

Having examined the elements of civil legal relations, content, subjects, objects, we now study the essence of the types of communications of the type in question. What is the specificity of their classification characteristic of Russian legal practice?

Actually, in part, we have already answered this question above. The fact is that the structure and elements of civil legal relations imply the existence of an object of the type of communication under consideration. It may be property or personal nature.

Actually, the classification of types of legal relations may also imply that they can be represented in the form of property or personal communications. Another basis for the classification of civil law relations is attribution to the type of property or obligation. Also, the communications in question are divided into absolute and relative. Another basis for the classification of civil law relations is the separation of corporate status into a separate status, which implies significant differences between participants and entities that are individuals. There are other types of communications found in Russian legal practice: for example, characterized by a particular urgency indicator or structural features.

If, for example, the wording “identify the elements of civil legal relations” sounds in the exam question, then we will successfully cope with this task. However, in addition to it, tasks may be present that require a detailed presentation of the nature of the types of communications in question. And therefore it will be useful to investigate the main types of civil law relations, depending on the grounds for classification, in more detail. Thus, we will more comprehensively approach the study of such a phenomenon as civil relations: the concept, elements, types of it will be studied by us.

Property and personal legal relations

Let's start by studying the specifics of property and personal legal relations. The first include communications, which are established through the norms of legislation governing the right of ownership or the exchange of certain material goods. In turn, personal (non-property) relations include those communications that are established by laws that determine the rights, mainly, to intellectual property. At the same time, Russian law provides for a scheme in which property relations may arise, even if we are talking about copyright and other rights, the nature of which determines, first of all, personal communications.

So, for example, if we are talking about a product of intellectual labor, then the rights to it are actually represented by two varieties.Firstly, these are personal rights arising from authorship. They relate to inalienable by law. Secondly, these are exclusive rights that imply the use of the product of intellectual labor as a kind of material, commercial resource. The holders of the first type of rights and the second in relation to one object of legal relations may be different subjects of communication.

Absolute and relative communications

Another basis for the classification of civil law relations is the fact that communications are absolute or relative. The essence of this criterion depends on the structure of communication between the participants in the relationship. So, if we are talking about communications of a relative type, then in this case the authorized person interacts with the obligated party, which is uniquely identified. In turn, absolute legal relations suggest that the obligated party does not imply an unambiguous identification of those persons who belong to it. For example, when it comes to the realization of copyright by a person, then all those citizens who are obliged to comply with the provisions of the law regarding the protection of the work from illegal distribution, for example, will be obligated parties.

Real and obligatory communications

Another common reason for the classification of legal relations is their classification as material or obligatory. The fact is that the law provides for several ways by which an authorized person can satisfy his interests. In property relations, this happens by using the communication side of certain useful properties of the acquired things. In obligatory communications - due to the actions of the obligated party (which may also involve the provision of certain material benefits in favor of the authorized party). In turn, in the framework of property-type legal relations, the obligated party, as a rule, should not perform any actions related to the satisfaction of the interests of the authorized entity.

Corporate Relationships

Another common basis for the classification of legal relations is their assignment to the group of communications in which corporations primarily participate. The fact is that the interaction of subjects of relations within legal entities has a distinctive specificity.

Legal relations of this type involve the realization of rights related to corporate. The reasons for their occurrence may be different - for example, a person’s participation in the signing of a memorandum of association, the acquisition of shares in a company, etc. Within the framework of corporate law, citizens can participate in the management of the enterprise and thereby act as parties to communications characterized by certain specifics in comparison with legal relations, whose participants are individuals who are not related to the activities of the company.

Procedural communications

Some experts identify procedural legal relations as a separate type of communication. As part of their side, civil relations are involved in litigation. The main elements of civil procedural relations are the same - the subject, object, and content. Of course, their actual content will be characterized by certain specifics. Unless the subjects of communication will be the same as in the case of any other types of legal relations.

However, the object of procedural relations is no longer property or personal rights, but a certain dispute arising over a particular component of the transaction. The content, in turn, is the rights and obligations that are realized in the course of procedural activities.

Legal capacity

Having studied the specifics of such a phenomenon as civil relations - the concept, elements, types, we can consider an aspect that reflects the necessary conditions for the emergence of the corresponding type of communication. The key one is the presence of legal personality in the participants in the relationship. That is, the possession of a status that determines the possibility of participation in communications of the type in question.

Legal entities are recognized as fully legal, in accordance with the legislation of the Russian Federation, as well as adult citizens. As for young Russians and those who are recognized legally incompetent, in practice, many of those actions that involve, for example, the exercise of property rights, are implemented by them through the mediation of legally capable entities. For example, in relation to minors, these are parents.

Thus, legal personality is formed from two main components. Firstly, this is legal capacity, which implies a citizen’s legal opportunity to participate in legal relations. Secondly, it is legal capacity, which is expressed in the presence of a person's practical qualities for the realization of his own interests in the framework of civil relations.

Having studied what civil relations are, their elements and types, we will present information for a more comfortable perception in a table form. We list the main categories that characterize communications, as well as their main features.

Thus, the types and elements of civil relations, the scheme that we have formed, is sufficiently clear.