standard structure of participants of civil relations as follows: legal entities and individuals, as well as the state.Presented three key elements and cause the appearance of jurisprudential science concepts "actors of civil rights."However, certain components do not reflect the essence of this phenomenon and require detailed consideration.
Detailed subjects of civil law
Strictly speaking, all subjects are divided into two categories: non-state and the state itself.For non-State actors of this discipline include businesses and individuals.
last appear in the industry fundamental element.Without them, can not exist of a private sphere of relations.In a special jurisprudential literature there is a definition of "nationals", indicating the basic element of civil law.However, such a designation pillar appears to be erroneous becauseenter into legal relations and also non-citizens, namely, foreign nationals and stateless persons.So, all of these three categories in civil matters theoretically act on an equal footing, with mostly equal to the legal personality.
legal personality of individuals comes from the time of their birth, in full compliance with the applicable legislation in the country.Its end comes after the physical death of a person, with a few exceptions, also established the legal field states.
Non-State actors of civil rights include legal persons, which are derived from the physical.These participants of private relationships arise only at the behest of the past and are endowed with legal personality depending on the goals that put individuals, create them.In this connection distinguish two general types of legal entities - non-commercial and commercial.Of course the distinction of species makes it clear what goals they are pursuing: in the first case, the main objectives are those that are not formally subordinated to profit.In the second - all activities aimed at extracting dividends from the establishment and operation of the legal entity.Despite such different goals, and those, and others are distinguished by the fact that the legal personality of legal entities appears only at the time of registration and disappears only when the cancellation of such organs of the State.In addition, it is worth remembering that the legal personality of individuals theoretically unlimited, while it is clearly delineated legal statutes.
question arises whether it is possible to refer to this group of municipal and state-owned enterprises?In this case, you should consider these subjects of civil law as active participants in civil commerce, no privileges over other actors.
State in the area of private law serves a dual role.For both subject and object of civil rights are able to include it in its composition, but with certain limitations.But as the subject of the State is involved in private law relations on an equal footing with the other parties, and his personality is equated to individuals.The activities carried out by the institute legal representative (usually a special decrees and resolutions).But it is worth mentioning that the state, through its legislature establishes the framework for the possible behavior in the private sphere and at the same time it is obliged to comply with these limits on a par with other persons.
subjects of civil procedural law - their relationship with participants in private law relations
most common mistake, according to which between the subjects of the substantive and procedural private spheres, an equal sign.This provision is unfair becauseIn addition to the described elements of private relations among the participants of the civil process include judicial and executive authorities.Thus, the subjects of civil procedural law include subjects of civil law, and the law enforcement field of private relations.
In connection with the above, it is necessary to make a remark that in the area of private law the leading role in establishing the method and scope of regulation play actors.And the object of civil rights in this case serve only as a factor that further reveals the essence of the applicable law.
