nationals of each country in the world in a different way interact.Communication can take place at various levels.There is such a thing as "civil matters".What is behind this term, what are the main features of such a relationship?On this and talk in this article.
What is civil matter?
to start with the subject of our little research.When there is the emergence of civil relations?What are their characteristics and attributes?
In daily life, men enter into various communications - social, business, political nature.A significant percentage of cooperation within the framework of these and other environments is regulated by law.The bulk of the relationship between people take those that are mainly of a civil character.Actually, the main factor in the formation of relationships in question, - the availability of appropriate legislation, their regulators.
Grounds civil relations - is, first, the regulatory basis, and secondly, the actual actions of people falling under the regulation.Thus, how the interaction of subjects of society, and is directly involved as a state legislator acting.
next point, which requires detailed consideration, - structure.Elements of civil legal relations are different.On this - on.
elements that make up civil legal
There are two main interpretations of the term in question.According to the first elements of civil legal relations are identified with the "actors".They are, according to the common definition, is a party relationships, become bearers of subjective rights and duties of a civil nature as a result of the rules of law.Elements of civil legal relations - is, in this case, the subjects of the actions of some activities.
Note that the above definition of the relevant legal acts in force in Russia is not present, it is replaced with the concept of "citizens" and identical with him in a number of cases, the term "natural persons", and the phrase "legal persons" - dependingthe context and directivity control.Also distinguished actors, that is, elements of civil legal relations, as public state or municipal formation.For example, such a republic or a particular city.At the same time, they are when it comes to law enforcement, equal, if the context so requires, to legal persons.In some cases, the nature of the subjects is such that assign them to a specific category is difficult.For example, a party within the same transaction citizen can act as natural persons, as well as the head of a legal entity.
There is another interpretation of the term "elements of civil legal relationship."According to it, it means not only the subject, but also other components as the protruding part of the relationship of the process.In this case, elements of civil legal relations are presented (based on common among Russian legal classification) in the following range:
- actual entities (physical persons, legal entities);
- the content of legal relationship (current rights, obligations);
- occurrence of the object relations (that simultaneously affects the interests of the subjects).
Thus, the first treatment - a narrow, second - much wider, but they both have the right to exist.However, we are interested in another question: "What are the elements and types of civil legal?"We now turn to consider them.
Types relations civil nature
classification criteria for determining the types of civil relations among Russian lawyers enough.But the main two.The first - the grounds of civil legal relations, which can be any personal property.Second - this is the nature of mutual communication.He, according to popular definition, can be absolute or relative.Note also that in some cases the criterion, which is based on the mechanism of realization of human interest, having the relevant rights - in rem or of obligation.Among other notable reason for the classification can be noted such as the legal status of legal entities, belonging to the law governing regulatory or enjoying the protection.
Many lawyers say: conditional border may also have the elements and types of civil relations.In legal practice, in some cases very difficult to classify the nature of certain transactions.This can be attributed, for example, spheres, subject to the laws on intellectual property.There may be present in both property and personal relationship signs.
Some experts prefer to allocate a separate category of civil procedural legal relationships.Their main characteristic is that the relevant communications are made within the framework of lawsuits.However, the nature of such disputes - a civilian.Just as the law on the basis of norms which ruled in favor of one party.
civil procedural legal relationships arise in cases where each party honors the law, relying on their own criteria.Or - wittingly or not - violate the relevant regulations, so that the opponent can not exercise their rights.
empowered and duty
Having considered what is expressed in the structure, elements of civil legal relations, we can study the properties such as the entitled and the responsibilities that are taking place in transactions under the relevant communications.What is this phenomenon?The fact that each of these concepts peculiar to the parties engaged in legal relations.The participants of transactions can be empowered and obliged at the same time.This applies, for example, most contracts between businesses.For example, the contracts specify not only the rights of the seller and the buyer, but also their responsibilities.
Objects of civil legal
considered the concept and elements of civil legal relations, we can study the aspect of the objects of the corresponding type of communications.What are the criteria for their definition?Russian experts prefer to stick to the wording: object - is the subject of the direction of action of the subject.That is something that affects the relevant elements of civil legal relationship.At the same time, the specificity of civil law is that it is mainly governed by the behavior of the subjects of the border.That is, in the exercise of the rights and obligations of the elements of relationships governed primarily by their behavior.In this case it is a (behavior), and will be subject to the respective communications.Besides him, the object of legal relations, according to another common theory can be different kinds of benefits - property, finance or intangible resources.
If the concept and elements of civil legal relations, in principle, categorized by lawyers as part of a more or less universally accepted criteria, with regard to the respective communication objects, it is not so clear.Scholars and practitioners dealing with civil law do not have a common point of view regarding this issue.There are, in particular, the view that the relevant relationship may not be the object, the other object, assuming that the interaction of the subjects of communication in this case, does not make sense.There are lawyers who believe that the object can not be divided into the component parts, which reflects the behavior of elements of the legal relationship, and one that is bound, in fact, with the benefits.
Suffice widespread a mechanism for determining the object of civil relations, based on three criteria - legal, ideological and material.The first determines the behavior of the second characterizes the will of the parties, the third - the types of benefits.
Content relationships
examining objects that characterize civil legal concept, elements, types of appropriate communication, we can go to this aspect as the content.What are the features of its formation, according to the theses of Russian lawyers?The expert community is a point of view: the content of civil legal relations is determined by the mutual rights and responsibilities relevant to the subject of communication.Their structure is seen by experts is very diverse.In particular, some rights may include only one authority, the other - a little.For example, with regard to the property, then the owner may either use or dispose of them.
emergence of civil relations
We have studied the elements of civil legal relations, content, subjects, objects.Now pay attention to this aspect as the basis for the emergence of the relevant communications.First of all, we note that the laws that reflect the rule of law, can not be the basis for the creation of rights and obligations.They only provide the mechanisms that can be such a basis.In this case, we are talking about the so-called legal facts.The bases for classification are many.But all of them, as a whole, are reduced to the appearance of certain circumstances, to prejudge the will of the parties to a deal, which has a civil character.Non-property
civil relations
Among lawyers are of the opinion that the most common form of legal - property bond.But the more interesting it will be to explore complementary species.That is, non-property relations.The criteria for classification are complex.Experts prefer to divide the moral relationship of two types - those that have nothing to do with the material aspect (ie completely private) and those that still somehow affect it.Areas that may reflect the attitude of the first type - is copyright, intellectual property.As well as those communications that reflect only the personal relationship - honor, dignity, human rights and so on. D.
relations within business entities
We discussed what civil legal relations (concept, features, elements of its forming).But mostly we talked about the aspects that reflect the communications of individuals.No less useful to consider the nuances that are characteristic for the participation of organizations in civil matters.
main area of concern here - communications, reflecting the establishment, maintenance and termination of activity of legal persons, as well as organizations implemented the relations connected with economic activities.Some theoretical concepts that are common among Russian lawyers, civil matters (concept, elements, types have been discussed above) are closely related to the so-called organizational.
classification processes characteristic of this kind of communication is difficult enough.Discussion points missing.In particular, the legal profession there are some differences related to the legitimacy of initiation of institutional relations for civil as such.The experts, who believe that this kind of communication can not be combined in the same category as those that characterize the interaction of individuals, argue their point of view a high frequency of occurrence in the organizations bonds imply subordination.In turn, civil law involves primarily the equality of the contracting parties.Opponents of such experts believe that sounded viewpoint only partly true - it reflects the internal corporate processes.In fact, the bulk of the business agreements entered into between the parties, is in equal status.Transactions are made, thus, in accordance with the civil law.
Another subject of discussion - whether to consider the interaction between businesses uniquely property?Above, when we looked at the elements of civil legal relations, the content of it, we have identified the relationship between corporations in the form of separate transactions.Among experts, there are two points of view on this subject.The first is that the relevant communication in business lawfully allocated to a separate, independent type, who can combine the features of both property relations and personal.Another position is based on the fact that today the Russian legislation does not contain language that would somehow separated relationship arising between legal entities, from the typically "civilian".However, the fact that organizational communication have features that make it, in some cases totally dissimilar to property or personal transactions, in principle, is not disputed among experts.In practice, these differences can be expressed, for example, in some legitimate way to protect the rights of other algorithms for solving problems in the courts, the other deep responsibility, and so on. D.
Relationships absolute and relative
So on the agenda - the elements of civil legal relations.General characteristics of species given above.It will be useful to examine in more detail what is the absolute and relative communication.
Concerning the first - the entitled party to the transaction (or other mechanism for realization of the rights) is reacted with an indefinite range of subjects - "third parties".The implementation of the respective interests of the person is carried out by means of its own activities.In turn, those participants in the transaction, whose list is not defined at the level of personalities, should recognize the appropriate Authorised other.In practice, absolute civil legal relationships can be expressed in the possession of any property, including intellectual property.
Thus, the relative communication imply participation in the transaction of entities whose identity is clearly fixed in the treaty or other source, and familiarized them with the entitled party.With regard to the content of the relevant agreements, for him, as a rule, those persons that are obligated party must perform some activity in favor of the authorized entity.In practice, this can be expressed in the conclusion of works contracts, provision of services, delivery of goods, and so on. D.
Relationship corporeal and liability
Considering the elements of civil legal relations and types of civil legal relations, we have identified such a category as corporeal and liability of communication.Now let us consider it in more detail.
Not all experts believe that the allocation of real and obligatory relations in the separate type is lawful.Not least because they are in many cases very similar to the absolute and relative.Almost always, some lawyers say, you can do the classification of communications in the last two types.Enable categories such as materiality and commitment, it has no practical meaning.However, this approach has many experts believe is not the most modern.The fact that elements of civil legal relations and their characteristics in terms of species diversity of communications - the subject matter of legal science, methodological concepts in respect of which change regularly.Moreover, legislation is also evolving.
Supporters allocation of real and obligations relations as a separate category in the example is an excerpt from the Civil Code.The Code has a remarkable profile.It is called "The right of ownership and other rights."Another argument is based on the fact that not all the rights of absolute character can be rem.As well as the relative can not always be mandatory in practice.It is in cases where the facts of both types are fixed, it makes sense to talk about proprietary and obligatory rights as certain types of civil relations.
Let us, however, to a reality.What are the criteria for determining the corporeal and liability laws?Among the experts is the most popular one that reflects the way the rights and interests of the parties upravomochennnoy.If it is a proprietary legal relationships, it takes place through activities in relation to the property.Third parties in this case do not have to take any action that could prevent the owner to exercise their right.What is the difference?Everything is very simple.
