Society can not exist outside the relationship.Therefore, all the connections between people, organizations and the state, in the process of aligning their joint activity should be regulated.Legislation define public relations as civilians, most of which occurs by mutual agreement.Subject and object - are integral participants in the process.
essence of civil relations
To fully understand the concept of civil legal relationship should be to deal with its base, to identify and define the legal mechanisms in the system of legal relations.The generally accepted definition focuses on the actual relationship.Thus, the specificity of the legal relationship is not fully disclosed.
Relationships - a connection of a legal nature, which arise on the basis of the rule of law, and their members have a mutual legally valid rights and duties.From this perspective, the subject and object - relationships are participants whose behavior is governed by the rule of law.
Feature civil relations
civil relations is defined as the relationship of the individual nature, arising out of the rights between the parties in the implementation of any benefits.Such relationships are characterized by subjective rights and obligations regulated by law and guaranteed by the coercive power of the state.The form and the actual essence of the relations between them are inextricably linked.
basis is the unity of the duties and rights of all participants of relations, as well as their overall volitional orientation to achieve certain goals and the interests.In addition, the strong-willed character is expressed in the manifestation of the individual desires of the participants relations that occurs and is realized on the basis of mutual actions (contracts).His goal - to establish, modify or terminate the relationship.
As a form of de facto relationship, civil legal relations have their own legal content.Indissoluble bond unites subject and object.Rule one in this case, are guaranteed by law.
Features civil relations
relations lying in the plane of certain personal property and non-property interests, are governed by civil law.This causes some of the features that characterize civil matters:
- subject of civil legal relations are separated in property relations and in the organizational plan.Accordingly, they are independent, separate and independent.
- equality of participants, provide legal means and methods it is an integral part of the relationship.
- freedom and independence of the participants.This optionality will of a civil-law regulation.
- Implementation of civil relations is guaranteed by legal regulations.And the penalty for violation of any non-compliance has a material character.
device civil relations
Any relationship has its own unifying structure.The content, subject and object - these are the main elements.In addition to this common point of view of some lawyers suggest to allocate the real (actual) behavior of the subject.
subjective rights and duties
actual content of civil legal relations are the rights and obligations of the participants.From a legal point of view, one party is considered to be entitled thereto, the second - to oblige.
measure permissible behavior of the subject in the course of civil legal relations - this is his subjective rights.An entity may use the potential within the limits provided by law.A list of rights that provided the subject is called with powers.There are three groups of competences:
- eligible claims to the opposite side of the fulfillment of obligations;
- entitlement to own legally justified action.
- entitlement to protection (mean going to court in order to restore the violated rights by using coercive measures).
presence of all of the powers is not required in a relationship.
measure of proper behavior within civil relations - a subjective element.Its essence is expressed in limiting the need to perform any act or, conversely, to refrain from them.Allocate responsibilities passive type (prohibition) and active (encourage).
object of civil legal relationship
What is the cause of legal relations, defined as objects.Subjects have certain legal rights and responsibilities.It adopted the following division:
1. Non-property facilities. These include intellectual property, information, good personal non-property (goodwill, dignity, etc.).
2. Property objects. In civil law here include both specific things, and a set of different wealth.In addition, property rights belong to the collection of certain rights and obligations (debts, inheritance).
thing as an object of civil relations
Civil Code defines a thing as a collection of various items of a material nature in respect of which may have civil relations.The law establishes the rights and obligations held by the entity.The object of activity can be acquired, used and alienated.This procedure is called the legal regime of things.
categories of things in accordance with the Civil Code:
- movable and immovable;
- divisible and indivisible;
- simple and complex;
- limited and unlimited in circulation;
- possessing personality traits;
- have generic features.
subject of civil relations
term "subject" includes a set of individuals who take part in the relationship.It can be:
- individuals;
- legal entities;
- State (acts in the face of local authorities, subjects of the federation or federal authorities).
There is a certain leverage enjoyed by the State, acting as the subject of civil law relations.The object of the control in this case is defined as a third party relationships, that is natural or legal person, endowed with rights and responsibilities in the field of executive power.
legal personality
Any legal entity shall have legal personality, which is established, modified, terminated solely on the basis of law.Article 9 of the Civil Code states: "Citizens and legal entities at its discretion, realize their civil rights."Legal personality includes such things as legal capacity.
civil legal capacity due to the obligatory presence of the civil rights and responsibilities.There she was at birth, and is an essential for human life.A priori, all Russian citizens have equal standing, which provides for restrictions only on legal grounds.
civil capacity - is the ability of a person to independently acquire and exercise their rights, to create civil duties and implement them.From the point of view of civil law, the most important elements of capacity are two possibilities:
- sdelkosposobnost - independent transactions;
- delictual - the ability to bear financial responsibility for the harm inflicted.
distinctive feature is the capacity required to achieve the necessary level of a national mental maturity and mental development.
Legal facts
Subject and object - are participants of legal relations.The reason for the occurrence, cessation or change in these relations is the specific life circumstances, regulated by the law and called legal fact.
Article 8 of the Civil Code regulates the foundation for the emergence of civil rights and obligations:
- of contracts and transactions, which are not contrary to law;
- of statutory decisions of the meeting;
- acts of an administrative nature;
- through judicial decisions;
- result of injury to another person;
- as a result of other actions of businesses and individuals.
value of the Civil Code
fundamental importance of the Civil Code regulating the relationship is manifested in the fact that its provisions must meet all other acts containing civil legal norms.
