LawState and Law

Civil Legislation

Civil legislation and its system are a set of regulatory and legal acts that are designed to ensure the regulation of legal relations. Its structure includes the code and federal laws that are adopted in accordance with it.

The civil legislation of the Russian Federation provides for the existence of other acts containing civil norms. Among them, in particular, include Presidential decrees, government resolutions enacted and enforced on the basis of laws, acts of departmental nature (acts of executive and federal bodies)

The concept of "civil law" is somewhat narrower than the concept of its sources. They are the form in which the relevant norms are fixed. Civil-law sources include:

  1. Constitution.
  2. International legal norms, treaties (except for cases when the application of an international treaty requires the issuance of an internal act).
  3. Federal laws, provisions of the Code.
  4. By-laws (decrees of the Government, President, acts of executive federal bodies and others).
  5. Customs, typical for business turnover.

Civil legislation, its acts, provisions do not have the opposite effect. They are applicable to the relations that formed after their entry into force. Civil legislation is spread throughout the country. Exception is made by cases, fixed in separate acts.

Civil law is subject to official publication. Acts are published no later than seven days after their signing by the President.

Civil law in its provisions secures civil law. It is a system of legal norms that regulate personal non-property as well as property relations. These legal relations are based on the autonomy of will, equality, property self-sufficiency of the parties. The subject of civil law is the sphere of social interactions.

In the legal literature, property relations are divided into real (related to ownership, use, disposal) and obligation (related to the transfer of material goods). As personal non-property interactions, legal relations arise due to the emergence and implementation of the exclusive right to property (intellectual activity) and directly related to the person (they include activities to ensure protection of honor, business reputation and other things). There are also relationships to determine the legal status of parties to civil traffic. Such interactions are called organizational ones.

The methods of the civil law branch are called a set of ways and means by which legal influence on the spectrum of social interaction is made. Among the main features of this complex should be noted:

  1. Legally established equality of parties, participants in legal relations.
  2. Autonomy of the will. In this case, we mean the fact that the emergence of civil obligations and rights occurs in accordance with a bilateral act; Extraneous interference is permissible only in exceptional cases established by law.
  3. Separation of property.
  4. Guarantee to ensure the judicial order of protection.
  5. The property nature of the emerging responsibility in connection with the emergence of legal relations. In this case it is envisaged that the object of recovery is not the person, but the property; Responsibility of civil law is endowed in accordance with the general rule of compensation.

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