current trend of world legal thought to adhere strictly to the peak of its perfection, creating the foundations of the rule of law, it is manifested in the huge number of different products lawmaking.As the core of the legal framework of each state, the idea of a perfect legal society enshrined in the basic law of each state (constitution), the statute book in the form of codes, separate legislation.
Branch civil law takes a significant share of the legal field of the Russian Federation.Volumetric Civil Code is supported by an extensive list of optional adopted laws and regulations.The purpose of this powerful legislative complex - the implementation and protection of civil rights.
features of occurrence of civil rights as well as responsibilities, is the presence of at least one base.They could be the deal, the contract, the act of a public authority, the act of authority relating to the system of local government, the court's decision, the acquisition of certain assets, the creation of the invention, or a work of art, literature and science.The list included unjust enrichment, as well as other actions of citizens.
Often, by virtue of various circumstances, individuals and legal persons refuse protection or deliberately departs from the restoration of their rights.But the feature of Russian legislation is that his goal - the implementation and protection of civil rights - requires no termination of these rights.However, there has not been, without exception, are stipulated by the laws.
Embracing various spheres of civil relations in society, implementation and protection of civil rights has wide powers, but it is not unlimited, and fits into the framework of strictly defined by law.The limits of the exercise of civil rights intended to limit the actions of citizens (as well legal entities) in order to avoid causing any harm to third parties.The development of market relations has set a task to domestic legislation limitations on unfair use of the concept of civil rights with the aim of narrowing the competition or abuse of privileged (dominant) position on the market.
With a breadth of opportunities to protect their civil rights and freedoms, legal entities and individuals are encouraged to use legislative mechanism to facilitate the implementation of measures to protect the subjective civil rights and interests.Two forms of protection implies the existence of jurisdictional and neyurisdiktsionnogo way.
division is arbitrary and has a value in the theoretical study of the issue.When using neyurisdiktsionnoy forms of protection of individual rights is protecting contested independently.Yuridsdiktsionnoy form is called the implementation of protection of human government or other authorized body.In this way the administrative and judicial procedure for the rights of citizens.
If we consider the matter in a simplified form, the implementation and protection of civil rights presupposes administrative, judicial forms, as well as self-defense.
Preparation of civil cases for trial at its core is an extremely important event, occupying second place in the civil proceedings after the commencement of production.
Stages examining the case for delaying the solution of the question of time, but requires a thorough study of the subject matter and his decision in court with all vytekayuschemi consequences from this process.
should prepare for the implementation of the preliminary hearing, which takes place on the final stage of preparing the case for the main trial.From the right of the plaintiff is required to submit an application to institute civil proceedings in the case and to provide a comprehensive set of evidence.The judge also have to give a legal assessment of the facts proposed by both sides to make sure that they are true and make the right decision on the subject matter.