LawState and Law

The concept and features of civil legal relations

The whole modern world is completely regulated by legal norms. This fact is absolutely not surprising, because the law in the 21st century is the main regulator of public relations. But this state of affairs did not always exist. Initially, the population of all countries was subordinated to the influence of violence and religion. However, the effectiveness of these methods of influence is rather low. Indeed, violence acts only on the weak, and religion - on believing people. Thus, law has become a key regulator of social relations. Over time, the legal sector of the life of the society began to expand. This led to the fact that the right was divided into several interrelated branches, each of which regulated completely different types of social relations. To date, a banal trip to the store is legally justified. For example, the fact of buying bread is a classic manifestation of the contract of sale. In this case we are talking about civil legal relationship. In general, this sphere of legal regulation is endowed with a lot of interesting moments. Civil legal relations, in turn, represent a holistic institution of the civilian industry, which has its own concept, attributes and species division.

What is civil law?

Before considering the signs of civil legal relations, it is necessary to analyze in detail the legal industry to which they directly relate. This is today a civilization. According to doctrinal developments, civil law is a whole set of different legal norms that regulate relations of property and non-property nature. The purpose of the existence of the industry is, as we understand, the provision of economic interests of society and the state as a whole. In fact, civilization is a key industry. After all, it has been dating ever since the time of ancient Rome. Some scholars believe that the modern legal branches originate from the civil one. Nevertheless, to date, the civilization is a completely independent legal sphere, which has its own legislative basis and, most importantly, the object of regulation.

Normative regulation

Of course, the concept and signs of civil legal relationship in the legislative acts of the industry can not be found. However, the normative basis establishes the principles of the activity of a particular sphere of regulation, as well as its legal freedom. To date, the structure of the legislative framework of the civil sector includes:

  • The Constitution of the Russian Federation;
  • The Civil Code of the Russian Federation;
  • Other civil laws and regulations.

The provisions of the data of the NAP are an integral regulatory system that directly affects the sector's facility.

What is the object of civil law?

In the scientific environment, quite a lot of controversy is caused by the direction of the action of this or that legal sphere. The bottom line is that various phenomena and objects are recognized as the object of regulation. At the same time, there is no single view. According to the most classical theory, the object of any legal branch, including civil law, is specific social relations. To date, this statement has many adherents. It influenced the origin of the institution of legal relations in modern Russia.

What is a civil legal relationship?

The object of civilization is certain moments of reality that accompany people throughout their life. In other words, civil legal relations are relations arising in the course of ordinary human activity. At the same time, there is no definition of this institution in the provisions of the state legislative acts. However, in the works of many scientists its designation is given. Most civilians today agree that civil legal relations are the interaction that arises between subjects of the industry about intangible goods, property and powers directly related to this. Such a definition of the term makes it possible to identify the characteristic features of this kind of interaction, as well as other rather interesting moments.

Based on which civil legal relations arise?

Interaction of any kind always begins about any benefits. Civil legal relations, signs, types of which are presented in the article, are not an exception to the rules. There is a whole system of grounds for their occurrence. These grounds are mostly enshrined in the civil legal acts of the state. Thus, for today it is possible to single out the following aspects that engender interaction within the framework of civilization, for example:

  • Transactions and contracts;
  • Decisions of the judiciary;
  • Legal facts of creating works, buying property;
  • Actual causing of harm;
  • Actions of subjects of civil law of a different orientation.

Of course, the presented aspects characterize the legal relations in the mentioned regulation sector, and also in some way illuminate its specificity. However, they refer only to sectoral interaction. Signs of subjects of civil legal relations and other institutions of this sphere of regulation will differ significantly.

Signs of civil legal relations

Interaction of subjects of a civilization is the complete institute. This fact allows us to distinguish the concept and specific features of a civil legal relationship. But the question arises, what are the signs? This concept is characterized by the most obvious features of the relations of the parties in the presented industry, which distinguish them among the masses of the others. Thus, there are following signs of civil legal relations:

  • Absolute equality of participants or subjects;
  • They arise between individuals and legal entities, that is, in accordance with the established procedure established organizations;
  • Subjects are entitled to initiative at the time of the interaction;
  • The emergence of such relationships comes from various legal facts (the creation of scientific, literary works, the purchase of property, harm, the conclusion of a contract, etc.);
  • On the part of the state, the regulation of such legal relationships is minimal.

Of course, this list of features is not exhaustive. After all, signs of civil legal relations are certain aspects of the functioning of the industry as a whole. Therefore, no one can say that in the future the perspective of civilization will not change, and this will not lead to modernization of the interaction in this sphere.

Types of civil law relations

Any legal institution has a large number of different manifestations, which allows it to be classified. Civil legal relations arise on the basis of different legal facts and objects. This makes it possible to divide them into several main groups.

  1. The difference between property and non-property legal relations manifests itself at the time of their appearance. In the first case, there is an object of the material world, and in the second case, exclusively immaterial goods (business reputation, honor, dignity, etc.).
  2. Real property relations arise because of the existence of material wealth. Their opposite are obligations. They characterize the attitude in which each of the parties must implement certain actions in relation to another entity.

The concept and features of civil procedural legal relations

Most legal sectors are not only similar, but also complementary. An example of this is the relationship between civil and civil procedural law. Of course, the second industry is characterized by certain features. Legal relations in it arise in the framework of the judicial process. At the same time, the obligatory subject is the court, which coordinates all interaction. In addition, the beginning of such legal relations is the fact of applying to a special body of state power. Nevertheless, there are some common features. For example, in procedural, as well as in material relations, there is a dispositive principle of regulating the activities of the parties, as well as the autonomy of the subjects.

Conclusion

So, we have considered the concept and signs of civil legal relations. At the same time, there are many interesting moments within the framework of the presented institute, which need theoretical completion by modern scientists.

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