Property and non-property relations governed by civil law

Relations regulated by civil law are represented by a huge variety. Moreover, this group is the subject of the GP.

Classification

Many people ask themselves: "What kind of relationship governs civil law?" First of all, the first group is the material relationship arising from material goods. This means that such objects must have a certain embodied form.

Another group of rights is represented by personal non-property relations governed by civil law. Here, intangible objects already appear, for example, poems, literature, images, and so on.

Signs of legal relations

The above relations, regulated by civil law, combine a number of the following features:

• Equality - shows the single meaning of each group before the law.
• Autonomy of the will - the question of entering into such legal relations is voluntary.
• The property independence of the participants - legal relations arise both between the physical and between legal entities. Each of them has equal rights and responsibilities.

Civil law regulates the relations that arise between two or more subjects. In addition, if any type of relationship does not contain the above characteristics, then it does not belong to the subject of this branch of legislation.

Subspecies of property and non-property relations

The material legal relationship is divided into the following types:

• Those that are related to things that belong to a particular person.
• Emerging between two or more persons (for example, the conclusion of a transaction). This group also includes agreements on the right of operational control and documents defining the obligation to transfer property.

Personal legal relationships have the following subspecies:

1. Are connected with property. The Civil Code of the Russian Federation contains provisions on exclusive rights that apply to the classification group mentioned.
2. Relations governed by civil law, not subject to alienation. The most striking example of this kind are copyrights, which independently of life or death belong to one person.

Any violation of the above-mentioned rights is a solid basis for filing a suit in court. The power body has the right to apply certain pre-judicial sanctions to the offender, for example, in case of violation of substantive law, the court may order an arrest of the property.

Material Relations: General Characteristics

The predominance of property relations in the GP is not in doubt. This group constitutes a large part of the subject of the GP. And all due to the fact that it is formed over specific material goods, the subject of which are materialized objects or the result of the performance of work, the provision of services. It is also important to mention the presence of a commodity nature. Despite the absence of a solid shell, they belong to the category of material relations. So, the bank deposit is not the possibility of disposing of a certain amount of money, but the right of their demand from the bank.

In a separate category are allocated property relations with regard to the provision of work and services. The reified result is also not a prerequisite for the appearance of the above type of legal relationship. A vivid example of this is the transportation and storage of goods, paid cultural and entertainment events, haircuts and so on. However, the final result of the work still has a commodity form.

The existence of property relations in nature

Relations regulated by civil law are not one of the theoretical or legal categories. According to their normative nature, legal relations are actually real social relationships that are formed in society. And this category includes those legal facts, the regulation of which is present in civil law. It is known that most personal relationships are not subject to legal control.

Thanks to the availability of property relations in modern society, the market organization of economic activity - both of the state, as well as of private or public entities - finds its application.

At the same time, a clear reflection of this area is the relationship between economic actors. The purchase, sale, exchange, as well as other processes of the transition of material goods, transform any relations into real actions.

Symptoms

The property relations regulated by the norms of civil law are characterized by the following characteristics:

1. Property autonomy and independence of participants

This means that at the conclusion of a government contract between authorities and a legal entity, the institution's representatives will not enjoy any privileges. It should be noted that the use of power to influence the decisions of the other party to a civil contract is an offense.

2. Compensatory nature

There are a number of exceptions, but most of the material relationships are a form-paid form. It is characterized by a real exchange of goods and money.

3. Participants regardless of gender, age and social status have equal rights and responsibilities.

general characteristics

As stated earlier, one of the categories of civil law are personal non-property legal relations. This category is inextricably linked with the creation and mainly the use of intellectual achievements and creativity. If you specify this category, then here are:

• Works of science;
• Works of art;
• Heterogeneous inventions;
• Unique industrial designs;
• Programs for electronic computers and so on.

Peculiarities of non-property relations

The main feature that defines the category of relations as personal rights is the absence of a material result of activity. Yes, it could be attributed to this category another civilian branch - services ... However, here the second sign is touched upon: the objects of intellectual property represent an idea, an image, some symbol, and also other forms of mental activity.

Any intellectual expression is inextricably linked with the creator or their carrier, for example, only Pushkin AS is the author of all known verses, and no person is able to take from him this right. But the property of the logo of all known soda is the Coca-Cola company. If a legal entity that engages in entrepreneurial activities allows itself to issue a product under the same logo without concluding a franchise agreement, it will incur full administrative or criminal liability, however it does not matter where it will be - in Russia or outside it, because the state civil The law regulates property relations and personal relations connected with them.