Social norms in modern society are called common and universally recognized standards. In the legal sphere, social norms refer to the rules of human behavior. These are the attitudes of human existence, pointers to the boundaries of the possible and due. Civil law is of particular relevance today. It is about them that will be described later.
Civil Law: General Description
The legal norm is a rule of behavior that comes from the state and is protected by law, which is generally binding and formally defined. In fact, a legal norm is a state regulator of public relations.
The subject of civil law is the totality of social relations arising from property and non-property benefits. All relations are based on the principles of autonomy of will, equality, and also property independence.
All legal norms, including civil ones, are characterized by an unambiguous and clear description of the behavioral variant. Moreover, a violation must be sanctioned.
Signs of elements of civil law
All legal norms have a number of specific features. So, it is the rule of law that is the only one among other norms that comes from the state will, and is also its official exponent.
The legal norm is characterized by formal certainty, which manifests itself in the formation and authorization of it according to state will. Moreover, each legal norm must be expressed in a special way. For example, a civil law norm can be embodied in the form of a law, a by-law, legal custom, judicial precedent, etc.
The rule of law is protected from violations by coercive state power. For ignoring the rules of conduct established by law, sanction should follow - a special form of punishment.
Thus, the civil law in the Russian Federation is called socially significant, sanctioned by the state, as well as a model of behavior containing a number of duties and rights. The object of civil norm is relations of civil turnover. Her subject is socially significant behavior of subjects of civil turnover.
Distinctive features
If there are no direct requirements of special legislation, then general civil norms can be applied for the settlement of any private law relations. This may concern family law, as well as labor, environmental, etc. Thus, the norms of family law can be used to fill in the gaps in the field of civil sphere.
Today, a large number of disputes are being conducted on the delineation of land and civil law. Some experts are sure that the Land Code of the Russian Federation should not be included in civil law norms. Others speak of a piece of land law as civil. The same applies to the tax sphere of legal relations.
Relationship with Legal Relations
The norms of civil law and civil relations are inextricably linked and represent, in fact, a single whole. This is a small, but very dynamic and constantly evolving system in which two components cannot be implemented without each other. In fact, the norm and legal relationship can be correlated as a cause and effect, and this is fully true.
Relations regulated by a civil law norm cannot arise without the availability of a corresponding norm. According to experts in the field of jurisprudence, the rule of law is an integral element of a single mechanism of legal regulation.In its hypothesis, the norm indicates the conditions for the formation of a legal relationship, and in the disposition, the duties and rights of the subjects. Sanctions are possible negative consequences of a violation of the norm.
There are two theories about the relationship between the rule of law and legal relations. According to the first concept, a legal relationship is the result of the impact of a legal norm on public relations. According to the second concept, attitude is not a result, but a means of regulating social relations. In this case, the following scheme works: norm - legal relationship - public relation.
The structure of the rule governed by civil law
The rule of law has a positive impact on various economic spheres. Moreover, it contributes to the development, as well as the optimal and logical construction of structural elements in the field of economic turnover.
What is understood by the structure of the civil norm? This is its internal structure - a combination of basic and special elements, as well as the presence of connections between them. All legal norms are interconnected. Thus, the sanction of one norm may be a disposition of another, and in other cases, one disposition as a hypothesis of another norm. Sanction is a logically complete element that contains an indication of possible unpleasant consequences for violation of the disposition.
The ratio of the legal norm of civil law and the article from the normative act
The question of the relationship between a legal norm and an article of law has not only scientific, but also important practical significance. There are three ways to present legal norms in the articles of regulatory documents. Here are some things to watch out for:
- The legal norm is set forth in two or more articles of one normative act. In this case, the hypothesis and disposition of the norm can be located in one article, while the sanction in another. As an example, the norm on compensation for losses to a creditor for failure to fulfill obligations may be taken.
- One article contains two or more norms. For example, article 14 of the Family Code of the Russian Federation indicates obstacles to the registration of marriage. Each part of the article reveals a separate legal norm.
- The article of law and the rule of law will coincide. In this case, there are all three elements that make up the rule of law.
Thus, the importance of a legal norm lies in its ability to shape and regulate social relations. Both the hypothesis with disposition and sanction can have a special place and purpose in the structure of the legal norm.
Hypothesis concept
The structural elements of a legal norm should be described in more detail. It’s worth starting with a hypothesis - the prerequisites for the practical use of a legal norm.
It is the hypothesis that contains a number of legal facts, the presence of which can serve as the basis for the formation, modification or liquidation of legal relations. The hypothesis is designed to establish the circumstances and scope of the norm. At the same time, she outlines the circle of subjects of regulated relations.
The hypothesis contains a set of factual circumstances affecting the emergence of obligations and rights of legal entities. For example, article 616 of the Civil Code of the Russian Federation is a civil law norm governing the obligation of a lessor to maintain leased property. The hypothesis in this case is the leasing of property.
The concept of disposition
What role does disposition play in the aggregate of civil law? This is the core of a legal norm, the most important essence of the content of a rule of conduct. A special role in the disposition is played by the complementary-binding nature of the legal norm. He allows her to act as a state regulator of public relations. In essence, the disposition contains the broadest model of lawful behavior.
All dispositions are divided into imperative and dispositive.Dispositive are authoritative, that is, free. Imperative are divided into prohibitory and binding. A simple example of a dispositive norm is enshrined in article 45 of the Russian Constitution, which states that everyone has the right to protect their freedoms and rights by all legal means. An example of a prohibiting norm is found in article 65 of the Labor Code of the Russian Federation. It says about the ban on requiring a person applying for work documents not provided for by the Labor Code of the Russian Federation.
The concept of sanction
The disposition contains a rule of conduct. In case of its violation, sanction enters the matter - the most important legal element of the civil norm. It provides for undesirable consequences of a mental, material or physical nature for a person, which violated the established disposition.
Sanction plays a preventive role. A person, knowing about its existence, is unlikely to accept a deliberate violation of the disposition. In addition, sanction is a very moving part of a legal norm. Punishments for one or another misconduct and crime are constantly changing and supplemented, and therefore it is often difficult to track the status of sanctions.
Most often, the considered element of a legal norm is expressed in the form of a fine, arrest, disqualification, damages, etc.
Types of Norms
In the field of civil law, there are a huge number of legal norms, and therefore all of them must be correctly classified. According to the functional role, civil norms are divided into the following groups:
- declarative - proclaiming norms;
- definitive - containing definitions, that is, legal concepts;
- initial norms - defining the legal foundations of relations of a social nature, their goals, limits, tasks, directions, etc.
- special norms - regulating narrowly targeted social relations associated with special entities;
- general norms - contained in the main part of any legal industry, as well as regulating specific social relations.
Particular attention should be paid to the norms of the original nature. This is a fairly large legal group, which contains the following elements:
- norms-beginnings - prescriptions that consolidate existing foundations, as well as socio-economic, political, cultural and other types of spheres;
- norms-principles - the spokesmen of legal principles, regulations that reinforce ideas and principles of legal areas;
- norms-definitions - definitions of individual legal categories and concepts.
In terms of time, the elements of civil law are divided into temporary and permanent.
Civil Procedure Law
Is there a difference between civil law and civil procedure law? If we take the classification, then there are no differences at all. There is a division into dispositive and peremptory norms, into temporary and permanent, material and procedural, etc. The main differences are associated only with examples for each element, which can be found in the Code of Civil Procedure.
The subject of civil procedural law is legal proceedings. So, the hypothesis here is time, place, and also the composition of the norm related to the trial. Disposition is the rights and obligations of the participant in the lawsuit, and sanction is a possible result of the judicial work.