Civil law system - the basis for the functioning of the private legal sphere

Almost any phenomenon is supplied by scientists and practitioners from the point of view of the structural-system method of research. The branches of law in this sense are no exception. Therefore, in science, to facilitate understanding of this area of jurisprudence, a system of civil law was formed.

General concepts

The division of the entire branch of law into separate elements is not only of a scientific nature, but also practical. From the position of the first approach, the civil law system is a set of 2 main parts - general and special. But the practical division allows you to select from the variety of sources the necessary resources to regulate a certain part of the legal relationship. This can be demonstrated clearly if you study both methods in more detail.

The system of civil law in the light of the scientific approach is divided into the following elements:

- the general part, which may include provisions on subjects, on the nature of civil legal relationship, on the objects of the latter, on the terms in force in this area of law and, of course, on the protection of civil rights and their legitimate use;

- a special part, which is more practical in nature and includes the institutions of corporeal, obligatory, hereditary, etc. (They will be discussed in more detail below).

A practical approach divides the entire industry into five main components. So, the institutions of civil law are grouped as follows:

- Property law, which regulates all aspects of the emergence, change and loss of the rights of subjects to things. The given branch contains concepts about them, ways of their encumbrances, transfer of the property right to things. Some authors divide this part into limited proprietary rights and ownership. This approach causes certain inconveniences, because In fact, "tears" the triumvirate of real rights - use, disposal and ownership.

- Obligations are the most extensive part of civil law. This is due to the fact that it includes both relations arising from the will of the parties (contract law) and relations not related to it (obligations from causing harm).

- Inheritance law mediates relations on the transfer of property to certain persons after the death of others.

- Exclusive rights - the civil law institutions included in this part are the "youngest", in fact, their history begins in the late 19th century with the conclusion of international acts on copyright and industrial property law

- Protection of personal non-property rights - in this case we are talking about honor, dignity, the right to a name, etc.

The latter approach is not considered official, and most authors prefer to include it in a special part. Therefore, the definition of the phenomenon under consideration can look like this:

The system of civil law is a set of institutions, conditionally divided into two components - a common part and a special one, and designed to consider a certain type of private-law relationship.

In this regard, it is necessary to distinguish the system of law from the system of legislation.

The system of civil law and law - points of divergence

The approach in which the system of legislation becomes synonymous with the legal system is erroneous. As it was shown above, the system of law is the separation of legal relations on strictly defined objects. And the system of civil legislation is always a set of legal acts.

So, the system of law as a source of regulation can operate both by statutory acts, and by judicial precedents or customs. In contrast, the system of legislation rests only on sources published by legislative bodies.

Sources of the law system can be acts of trade unions or patronages, and even treaties. For the system of legislation, this is impossible, even if the contract is concluded by the Parliament in the private legal sphere.

Thus, the system of civil legislation should include the Constitution, laws and by-laws. This is their main difference from the system of law.