LawState and Law

Principles and functions of civil law

Civil law is a set of legal norms, the subject of which are private non-property and property relations. That is, this industry establishes the rules of behavior in society. The principles and functions of law can be studied with the help of the Civil Code of the Russian Federation. Let us consider this issue in more detail. There are the following principles of the law under consideration:

  • equality. That is, all people should have equal opportunities for legal relations. Regardless of the status, their actions are subject to the same legal norms;
  • Inviolability of property. That is, each person can use the property belonging to him, in accordance with their interests. No person should be afraid of restrictions in the use and seizure of their property;
  • freedom. That is, any pressure on a person on the part of state structures is prohibited when signing various contracts;
  • Principle of particular. That is, unauthorized intrusion into privacy is unacceptable. This also includes the inviolability of family and personal secrets;
  • Disposability. That is, a person has the right to choose his own behavior. For example, an individual voluntarily appeals for the protection of his rights, but he can not do this.

Consider the functions of civil law. They can be divided into two main categories. In particular, it is:

  • Regulatory function. That is, it is understood that the persons participating in the regulated relations have the opportunity of independent regulation and organization. The content of the civil law function under consideration is conditioned by the fact that the matter is with special, private social relations. That is why the participants have the right to freely discretion of their actions;
  • Protective function. That is, the law in question is designed to protect the various interests (in particular, non-property and property) of persons who participate in public relations. Laws should support the status of persons who found themselves in a situation in which their interests and rights were violated. In particular, the functions of civil law, among other things, are to compensate for harm or restore the violated rights of the victim. In addition, the protection of rights means a preventive or educational task. That is, the law should stimulate such behavior of citizens, in which the harm, violation and infringement of the interests of the participants in the relationship are excluded.

The protective and regulative functions of civil law are often closely intertwined. This is especially evident in cases of particularly delicate and other similar law enforcement cases. Another example is the regulation of personal non-property relations.

Let's clarify some terms. The article used such concepts as property and non-property relations. What do they mean? Property relations are economic ties relating to the independence of use and transfers of manufactured goods, commodities and other material goods. They are divided into relations in the segment of turnover and property relations.

Personal non-property relations, on which the functions and principles of law are also oriented, imply personal rights to necessary goods that are inseparable from man. In particular, this authorship, life, name, health, dignity, honor and so on. They are divided into two main groups. These are personal rights that are indirectly related to property rights. For example, the right to scientific works and works in the field of literature. Also these are personal rights that are independent of property. For example, this is the right to dignity, life, name.

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