Almost any event served scholars and practitioners in terms of structural and systemic methods.Branches of law in this sense, is no exception.Therefore, in order to facilitate understanding of the science in this sphere of jurisprudence we have established a system of civil law.
General concepts
division of the entire industry of the right to individual elements is not only a scientific nature, but also practical.From the position of the first approach civil law system is a combination of two main parts - the general and special.But the practical division allows you to select from the variety of sources of resources necessary for the regulation of a certain part of relationships.Intuitively, it is possible to demonstrate, if you study both methods in more detail.
civil law system in the light of the scientific approach is divided into the following elements:
- general part, which may include provisions on the subjects about the nature of civil legal relations, about the objects of the latter, the timing of operating in this area of law and,of course, about the protection of civil rights and their legitimate use;
- especially the part which is more practical and includes institutions of property law, of obligations, inheritance, etc.(all of which will be discussed in more detail below).
practical approach divides the industry into five main components.Thus, civil rights are grouped as follows:
- Property Law, which regulates all aspects of the creation, change and loss of human subjects at things.This sector contains a clue about them, how they are burdens, transfer of ownership of things.Some authors divide this part of the limited property rights and ownership.This approach causes some inconveniences, becauseactually "breaks" the triumvirate of property rights - the use, disposition and possession.
- Liability law appears the most volumetric part of the civil.This is due to the fact that its members are included as a relationship arising from the will of the parties (contract law), and relations with non thereof (commitment of the injury).
- Inheritance law relationship mediates the transition of ownership to certain persons after the death of others.
- Exclusive rights - Civil Rights Institute, included in this part are the "young", in fact, their story begins in the late 19th century, with the conclusion of international instruments on copyright and industrial property rights
- Protection of moral rights - inthis case it is a question of honor, dignity, the right to a name, etc.
latter approach is not considered official, and most authors prefer to include it in the special part.And because the definition of the phenomenon might look like this:
civil law system - a set of institutions, which is divided into two parts - general and special part, and designed to treat a certain type of a private relationship.
In this regard, should be distinguished from the legal system of laws.
system of civil law and the law - a point of divergence
approach, in which the legal system becoming synonymous with the legal system is flawed.As shown above, the system of law is the separation of legal relations on well-defined targets.A system of civil law is always a set of regulations right.
Thus, the system of law as a source of regulation can operate and regulations and judicial precedent or custom.In contrast to its legal system is limited only to the sources issued by the legislature.
sources of rights can be acts of trade unions or employers, or even contracts.For a system of law that is not possible, even if the contract signed by the Parliament in the field of private law.
Thus, in the system of civil law is necessary to include the Constitution, laws and regulations.That presents their main difference from the legal system.
