Civil law is an integral part of the legal system of any state.Existing functions and principles of civil law provide stability of the entire legal system of the state and its integrity.But being part of this integrity, civil law has a number of specific functions, the main ones are:
- regulating function ensures the formation of adequate conditions for the development of the economic system of the society;
- watchdog function aims at ensuring the realization of civil rights;
- compensation function involves sanctioning deviations from the norms of civil law.
main attribute of this system are the principles of civil law, is the most important installation and requirements, in accordance with which the law-making in the sector.The most important principles are:
- permissible orientation, which suggests that the subjects of civil law take the initiative and have the necessary freedom in the field of civil relations.There is implemented the principle of "everything that is not prohibited by law";
- equal legal regime that establishes that all entities within the framework of the relations regulated by the industry, are equal.This rule equally applies to both relationships of individuals, and the relationship in which legal persons are involved.The principle also implies the possibility of establishing a legal exemptions that are applied in accordance with the way the basic principles of civil law interpret the specificity of certain activities (for example, because of the nature of professional activity, to certain categories can be set higher demands of civil regulation);
- inviolability of property, which means that the principles of civil law and its regulations provide the owners of the rights of ownership, disposal and use of their property.The owners may, at their sole discretion, to use its property and its alienation can occur only by court order.The principle also establishes the rule of compulsory compensation in the event of alienation of property for the needs of the state;
- freedom of contract, which is intended to ensure freedom of the subjects of civil relations in the independent and voluntary choice of partners under the contract, the type of contract, and the conditions under which it will be.In addition, this principle stipulates the cases of deviation from these rules, for example, the insurance company is not allowed to deny a citizen the right to conclude a contract of personal insurance;
- inadmissibility of interference in private affairs, ensuring the protection of citizens from the actions of public authorities, including organs of the state.If the activity of citizens is carried out in full compliance with the law, other persons have no right to interfere in this activity.These principles of civil rights enshrined in the Constitution and international legal instruments;
- warranty rights, which suggests that those involved in civil relations, the right to demand from partners in these relationships compliance with laws and compensation for material damage, if it was done;
- smooth implementation, assuming that all of the principles of civil law should help to overcome the interference in the exercise of civil relations.This principle is reflected and specified in the Constitution, which in Article 34 states that any person can not create local rules that will create obstacles to the free movement of economic and financial resources within Russia.
Thus, discusses the principles of civil law are objectively necessary element of the whole legal system and ensure its effective functioning in the framework of existing legislation.
