LawState and Law

Civil law as a branch of law

Until recently, the Russian legal system developed in the same way as the Soviet one. Its complex included many separate branches of science. The main feature of the civil law of that time was the complete absence of differentiation of the field of public law from private law . This was due, first of all, to the absence of market relations and government intervention in virtually all areas of public life. However, as practice has shown, the legal system should not differentiate its spheres, but try to coordinate them among themselves in order to regulate relations in the society in a complex, rather than an isolated manner.

Cardinal economic reforms with their recognition of the rights of private individuals to property led to the separation of the private system from the public. Now each of them includes those branches of science (in accordance with the functions they perform), which were previously built simply in a hierarchical order.

Evidence that civil law as a branch of law can exist independently is the existence of a special sphere of relations in the society it governs, as well as the existence of special methods by which this management is implemented.

Civil law in the system of legal branches, along with international private law, family and labor, belongs to private law branches. In this list it occupies the main place, since it serves as the basis for the private. Its leading role is due to the fact that civil law as a branch of law is intended to regulate those relations in society that are the subject of private law (primarily property). And from this it follows that its basic principles can be applied in all spheres of private law. So, some norms of civil law can be used in solving issues of financial law. And vice versa, the principles of other industries can penetrate into the field of civil law. Thus, the interrelation of parts of the legal system is manifested. And at the same time, in the closest interaction, their objects are not mixed, due to differences in the nature of relationship management.

It is precisely the fact that civil law should be understood as a branch of law, and not as a closed system, Makovsky meant when he compared it to a bright color spot with vague boundaries that smoothly flow into other spots.

Civil law is considered as a branch of Russian law, as an important part of the state legal system in the aspect of regulation of relations between specific individuals. They should be on an equal footing legally and independently property.

Civil law as a branch of law can not be combined with civil legislation. It has a broader meaning and includes acts and laws that contain norms of civil law and other fields of science.

It is for this reason that the vast number of legal rules that are contained in special acts and prescribe norms of relations in economic activity can not be considered a separate branch of science.

The title "civil law" also has an academic discipline. It explores it not only as a field of science, but also its basic categories and postulates. In this discipline, information about the concepts of civil law is systematized in such a way that it makes it possible to understand the meaning of the legal regulation of relations in society, as well as to evaluate norms and rules, to take into account their shortcomings and dignities.

Naturally, in the course of civil law - civil law, this is the main subject of study.

Everything said above suggests that civil law has several meanings and can be understood not only as a branch of law, but also as:

- legal science;

- training course;

- section of legislation.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.unansea.com. Theme powered by WordPress.