Civil law belonging to a person is called subjective and does not appear on its own. The legal personality and legal capacity of legal entities and citizens is only a legal readiness to exercise and acquire civil rights and, of course, fulfill civil duties that are relevant today.
In order for a law to arise, the relevance of a particular life situation, forming specific subjective duties and rights, is important. In the legal literature, such circumstances are called grounds for the emergence and termination of civil relations. By the way, they are called legal facts in a different way. It will be advisable to consider all aspects of the issue in more detail.
Civil relationship: concept, content
Grounds for occurrence, changes, as well as the termination of civil relations - the issue is quite multifaceted. That is why you should start by considering the current definition. Under the civil legal relationship should be understood the relationship between its participants, which is legal in nature and related to property and non-property interactions. It is necessary to supplement that the concept and grounds for the emergence of civil relations they also presuppose a public attitude itself, which is regulated by the norms of the civil branch of law.
You need to know that the content of civil relations consists in the interaction of its participants. This contact is carried out in strict accordance with their subjective duties and rights.
The value of legal relationship
It is important to know that in the case of civil relations, the relevant participants, one way or another, are vested with subjective duties and rights that are guaranteed by the state. The concept and grounds for the emergence of civil procedural relations suggest that in case of violation of rights established by applicable law, their carrier is vested with the right to defense in a judicial proceeding. In legal relations of a civil nature, the state will is expressed, which establishes certain rules. In accordance with them, the participants act, as well as their will.
Features of civil relations
When considering civil legal relations (concepts, types, grounds for occurrence), it will be advisable to indicate their main features. It is important to note that the above category is determined by the characteristics common with other legal relations. Among them, the following points should be highlighted:
- The binding nature of legal relations.
- The basis in this case is the law.
It should be added that civil relations are endowed with specific characteristics. Among them are the following positions:
- They are the result of legal regulation of personal non-property and property relations between equal participants.
- Their objects and subjects are diverse.
- The guarantees of the implementation of civil duties and rights are measures of a property orientation, among which the recovery of a forfeit or damages.
- The protection of the rights of participants that have been violated, one way or another, is carried out in court through the filing of a lawsuit.
Classification of legal relations
Pending grounds for the emergence of civil relations, types of civil relations it is important to note that they are classified according to a number of grounds. According to the presence or absence of economic content, it is customary to distinguish the following categories today:
- personal non-property;
- property.
By the number of persons who are obligated, civil relations are classified into relative and absolute. If possible, the carrier in terms of the exercise of their own rights in person or by means of obligated persons should highlight property and obligation relations. In addition, at present, it is advisable to divide them into unlimited and urgent, as well as complex and simple, depending on the responsibilities relevant to the parties.
Grounds for the emergence, amendment and termination of civil relations
Having fully examined the concept, content, main features and varieties of civil legal relations, it would be advisable to move on to the currently relevant reasons for their appearance, change or termination. It is important to keep in mind that the issue is quite multilateral, therefore it is necessary to delve deeper into it.
Grounds for the emergence and termination of civil relations legal facts serve. In another way, they can be called their specific life circumstances, which at the legislative level are associated with the onset of legal consequences.
Legal Relationships
You should know that grounds for civil relations primarily consist in certain circumstances that occur in public life. When it comes to the emergence of legal relations of a civil nature, it is also necessary to remember about their change and termination. How to interpret the relevant reasons?
Circumstances leading to such consequences of legal significance as the emergence, change or termination of legal relations of a civil nature, and not to other legal relations (duties and rights), are referred to as grounds for occurrence, change of civil relations, as well as their termination. It is important to add that to date, the issues of the appearance of the category in question are given quite a lot of attention in civil law as a science.
When do civil rights and obligations arise?
Currently, civil obligations and rights (legal relations) arise in the following cases:
- The basis for the occurrence of civil relations are transactions provided by applicable law. In addition, we are talking about transactions that do not contradict the law, although not provided for by it. It is necessary to add that the former are the most common reasons for the emergence, as well as changes and termination of legal relations of a civil nature. By the way, contracts can also serve as a type of transaction the basis for the occurrence of civil relations. For example, the contracts related to the rental of premises for living, being the cause of the emergence of legal relations, one way or another, are aimed at satisfying the public need for housing.
- Causing certain harm to another person. Besides, the basis for the occurrence of civil relations is the acquisition or saving of property complexes at the expense of the money of another person without a good reason.
- Other actions of legal entities and individuals.
- Events with which the law in one way or another connects the occurrence of consequences of a civil law nature.
What else?
In addition to the points above grounds for the emergence of civil procedural relations, you must remember that today their appearance from administrative acts plays an important role.It is important to keep in mind, in accordance with administrative acts, civil relations in one way or another are established exclusively between subjects of law. Administrative legal relations are established only between persons and government structures. By the way, currently administrative acts are often relevant in combination with contracts.
It should be noted that acts of management bodies, which include the consequences of a civil-law orientation, are very multifaceted situations. For example, issuing an order for a residential type building to a specific individual. A similar approach forms for him the right to demand the execution of the relevant contract (rental contract).
Discoveries and inventions as the basis of legal relations
It is interesting to note that the cause of legal relations of a civil nature may be discoveries, inventions, and proposals of a rationalizing nature. In addition, it is advisable to include the creation of a work of art, literature and science. Acts of creativity of intellectual significance, that is, the results of realized discoveries, rationalization proposals, inventions, creation of works of literature, art, science, as well as industrial designs, one way or another, lead to the emergence of civil legal relations.
additional information
The difference between the acts presented above and transactions is the absence of a characteristic characteristic of the latter - the orientation of actions towards the formation of civic duties and rights, because in creative relations the occurrence of legal consequences under no circumstances depends on the will of the author, as well as his legal capacity. Thus, the implementation of discoveries and inventions, the formation of samples of the industrial plan, as well as the introduction of rationalization proposals, are generally recognized as the reasons for the appearance of personal non-property and property obligations and the rights of subjects of relations of a creative nature.
Termination of Legal Relations
It should be noted that the conditions and grounds for terminating legal relations of a civil nature are today enshrined in chapter 26 of the Civil Code, which established that, in addition to proper implementation, termination of obligations is also relevant when:
- Provision of compensation (in accordance with article 409).
- Offsetting counterclaims of participants (Articles 410-412).
- Innovations, that is, an agreement concluded by the parties regarding the replacement of the method of execution or the subject of the obligation (Article 414).
- Forgiveness of debt (art. 415) and so on.
Inadmissibility of unilateral refusal
It is important to note that when implementing the items listed in the previous chapter, the rule of inadmissibility of refusal to fulfill actual obligations on the one hand applies. In other words, their unilateral termination is impossible. It must be borne in mind that in this case the exception is situations directly provided for by the current law. For example, a person who has made a gift promise is vested with the absolute right to refuse, in accordance with a unilateral order, to fulfill it, that is, to transfer this gift if, after the conclusion of the contract, his marital, property or health status has changed to such an extent that the implementation of the contract under the new conditions will in one way or another lead to a significant decrease in its standard of living. In addition, the provision presented is also relevant when the donee makes an attempt on the life of the donor, the life of one of his close relatives or intentionally inflicts bodily harm on the donor.
Examples of the emergence, change and termination of relations
In the final chapter, it is advisable to give current examples of the emergence, change, and termination of legal relations of a civil nature.A court decision regarding the recognition of ownership of a certain thing is nothing but the basis for the emergence of a civil subjective property right. The court decision on reducing the size of the forfeit is the basis for changing duties and civil rights. The court decision regarding the recognition of the invalidity of the disputed transaction, one way or another, involves the cessation of civil duties and rights of a subjective nature that arose before this investigation.
It is important to add that today legal acts play a special role among actions of a lawful nature. They are not considered to be aimed at the appearance, change or termination of legal relations, which serves as their difference from transactions. Nevertheless, as a rule, they lead to similar consequences, as in the case of transactions. For example, the author of a previously created work of literature, science or art in any case enters into legal relations with society, although he does not really strive for such consequences.