Scientists have long identified the fact that social relations arise in absolutely all spheres of human life. Because all people are purely social beings. This means that not one of the inhabitants of planet Earth can exist outside of society. However, public relations are endowed with mass character, that is, they exist everywhere. This suggests that social relations need regulation. Without it, humanity will not be able to move in its development. In addition, the regulation of public relations makes it possible to achieve a rule of law and order.
But the categories presented are not the only areas where strict coordination is required. After all, all human life is divided into two areas: public and private. Regulation of the public sector is carried out by public authorities. Because the public sphere is an area of direct interaction between a person and a country.
As for the private sector, it characterizes the interaction of people with each other. Over the centuries, the private regulatory industry has developed according to its own laws. This has led to the fact that today it is controlled by civil law, the features of which will be discussed later in the article.
Civil law: industry concept
Before analyzing the sources of civil law, as well as its characteristic features, it is necessary to highlight the concept of this industry. For many centuries, legal practitioners could not agree on the question of what civil law is all the same. However, due to long theoretical considerations, the most “classical” concept was nevertheless found. According to him, civil law is a set of legal norms that govern social relations of a property and non-property nature, as well as the powers associated with them. At the same time, this industry is characterized by a set of specific principles that determine its unique feature. The concept and types of sources of civil law largely determine and confirm the specifics of this sphere of regulation, which will be discussed later in the article.
Civil Law History
The main sources of civil law, as well as the principles and subject of the civil industry, have been formed over a long period of time. Therefore, the history of the industry as a whole is quite interesting in its essence. Initially, civil law relations arose in ancient Rome. The legal industry of that time was formed by combining the judicial practice of officials, magistrates and customary law. Magistrates tended to resolve customary disputes between Roman citizens. Later, these norms began to be regulated in special acts, such as the code of laws of the XII tables, the codification of Justinian, etc.
With the collapse of the Roman Empire and the destruction of Rome, the industry presented in the article begins to make its way deep into Europe. People of that time realized that the system of regulation of private relations, invented by Roman lawyers, is effective and extremely reliable, which means that it should not be changed. Today, some of the classic institutions of Roman private law are still alive in modern industries.Many ordinary forms of interaction in the private sphere (sale, contract, loan, etc.) are used by citizens who do not even know their rich history.
In addition, in the modern world, the civil industry was divided into smaller elements, and completely new institutions appeared inside it, which before that were only a “legal utopia”. Nevertheless, the sources of civil law and its principles are for the most part a legacy of the Roman legal system.
Civilian subject
Civil law, the subject and sources of which are inextricably linked, must initially be analyzed through the prism of the first category. After all, what, in essence, is an object? This is the circle of social relations that is actually regulated by this industry. Typically, an item is characterized by a three-element system. It includes:
- property relations;
- personal non-property relations related to property relations;
- personal non-property relations not directly related to property.
The three categories presented are precisely the range of issues that fall within the scope of regulation of the civilian industry. Besides, property relations subdivided into smaller components. In the theory of civil law, they include the following elements: relations of property and obligation.
Description of personal non-property rights
As mentioned earlier, personal non-property relations may or may not be related to property. In the first case, powers arise over those objects of law that can be used directly, that is, a person can actually influence them. When we talk about relations that are not related to property, in this case we mean a circle of competencies regarding intangible goods. An example is people's rights to freedom, the inviolability of honor and dignity, etc.
Characteristics of the composition of the subject of civil industry
We have previously indicated that the core of civil law is property relations, that is, those that arise in connection with activities that affect various material goods, things, services, work, etc. In other words, property relations are relations directly related to the transition of the objects of the material world from one person to another. As for personal non-property relations, they must meet certain characteristics in order to be an object of civil law, for example:
- the subject of civil law relations is honor, dignity, trademark, business reputation, etc.
- they are inextricably linked with personality;
- regardless of their property implications, there is no economic content in them;
The sources of civil law are largely determined by the subject of this industry, which will be discussed later. With their help, many norms are actually implemented in real life.
Sources of civil law of the Russian Federation
In the theory of state and law, under the phrase "sources", many scientists understand the external form of expression of the legal industry. Nevertheless, such an interpretation is not absolutely correct. There are a number of scientists who put forward the opinion that the source is not only an external manifestation, but also a point from which law actually proceeds. That is, from them appears, in fact, each industry individually. Thus, the sources of civil law are official forms of manifestation, documents where there are actually norms creating the industry. Of course, such a conclusion can be challenged, but it is the most correct from the point of view of a sound view of the civil block.
The system of sources of civil law
Sources of the private industry exist in a single aggregate system, the elements of which are not only part of the structure, but also create a certain kind of hierarchy. Such structuring is due to the peculiarities of the legal system of the Russian Federation, as well as the specifics of the Romano-Germanic family, which includes the Russian Federation.
Thus, taking into account all the above points, we can distinguish the following types of sources of civil law:
- International legal acts considered the highest source, judged by legal force. Because Russia is today a party to many international treaties that govern various private relations. An example of this is the TRIPS agreement (agreement on trade aspects of intellectual property rights). In addition, international cooperation plays an important role in the Russian economy. And in order for this sphere of relations to flourish, it is necessary to enable foreign citizens and enterprises to conduct their activities in Russia. Thus, international law is the key and highest source of civilian industry.
- Immediately after international standards, the main source can be called Constitution of the Russian Federation. This document is the basis of the legal system of the Russian Federation as a whole. In addition, it presents a large number of principles of this industry. In addition, it is the Constitution that makes it possible for people to exercise their basic rights in the private sphere of life.
- Sources of Russian civil law are manifested not only in international acts and the constitution. For the most part, they are presented in acts of civil law. Legal textbooks provide the following definition of civil law. This is the totality of legal acts of the national system of law that govern private law public relations. The core of the legislative system in this area is the Civil Code of the Russian Federation, as well as other laws regulating such issues. As for the first regulatory act, it has a lot of characteristic features, which will be discussed later in the article.
- Regulations - These are the sources of civil law in Russia, which are created by the authorities in the process of their ongoing activities. They are lower in their legal force of laws, however, they are excellent for solving operational problems. The main authorities that adopt by-laws are the President of the Russian Federation, the Government of the Russian Federation, as well as individual departments and ministries.
- Of great importance in the process of regulating civil relations are business customs. This source of civil law is a banal norm, which was sanctioned due to its relevance and prescription. But the customs of business circulation, as a rule, apply only to entrepreneurial activity.
It should be noted that custom must meet certain rules in order to be recognized as such. Such rules include the following, for example:
- the customary norm should be an established structure;
- the application of such a norm should be carried out in the entire private law sphere, and not have a narrow specificity;
- custom should relate to business.
All these features characterize the custom. If he does not answer at least one of the listed items, then it is impossible to authorize it. In western states, such a source of civil law as judicial precedent is widespread. However, in countries of the Romano-German legal family, he did not find such a striking application.Given all of the above, we can conclude that civil law, the concept, subject, the sources of which are presented in this article, are largely based on legislative acts of the national system, one of which is the Civil Code.
But there are cases when the presented forms of industry expression are ranked as other legal spheres. For example, sources of civil procedural law quite often rank as the material industry of the same name. Such misconceptions in many ways deceive ordinary citizens who are not familiar with jurisprudence. In fact, due to false information, they cannot properly get acquainted with the provisions of civil law and its forms of official expression. Thus, the sources of civil procedural law in no case can not be attributed to other legal sectors.
Features of the Civil Code of the Russian Federation
This normative act was introduced into direct effect in 1995, namely on January 3. This document is legally binding. It compiles the rules governing various civil law institutions. The Civil Code also contains a description of the object and subject composition of this legal industry. Part one of the presented regulatory act contains a description of the most famous legal regimes, as well as the features of their appearance and change. The second part is a collection of specific institutions. For example, the second part contains information about the sale, contract, lease, etc.
From the point of view of scientific jurisprudence, civil law characterization of the status of an individual and a legal entity is of rather great interest. According to the characteristics of this industry, individuals and legal entities can exercise their rights through transactions and other industry institutions.
Civil Code and Economics
Sources of civil law and the industry as a whole are of great importance for the economy of the Russian Federation. After all, it is with the help of this sphere of regulation of public relations that people realize their interests in the financial sphere, thereby making a big contribution to the national economy. Today, the following positive aspects can be distinguished, which, in fact, come from the Civil Code:
- the beginnings of civil turnover are embodied in the Civil Code;
- This legislative act embodies the basic concepts, statuses and legal regimes;
- The Civil Code determines the composition and number of regulated legal relations;
- establishes key provisions for the interaction of civil and other types of legislation;
- such concepts of a market economy as “partnership”, “society” are defined in the Civil Code;
- business customs are fully embodied in this act;
- in the contents of the Civil Code, it is possible to identify common ground between Russian and foreign civil legislation.
Thus, the Civil Code is not just the main act in the private law sphere, but it also plays a significant role in the national legal and economic system. Therefore, scientists are constantly modernizing this law in order to bring its provisions into the most acceptable form.
Civil Law Principles
Earlier in the article, we often used the term “principles of civil law”. Along with sources, this category plays an important role. In fact, the whole industry is built on principles. The main principles are as follows:
- equality of participants in the relationship;
- inviolability of property;
- inadmissibility of state intervention;
- freedom of contract;
- guaranteeing the protection of all violated rights.
The principles presented, as mentioned earlier, are the basis of the private sphere of legal relations. With their help, many phenomena of civil law can be explained. In addition, these principles are contained not only in the sectoral act, but also in other legal acts, for example, the constitution.
Conclusion
So, in the article we explained the concept and types of sources of civil law, and also tried to analyze in detail this industry as a whole. Many features of this area still require a large number of theoretical improvements so that legal practitioners can implement industry standards more efficiently and effectively. The concept and sources of civil law in this case help them to develop competent mechanisms for coordinating the relevant public relations.
