LawState and Law

The concept and features of a civil legal relationship, its types

Law is a form of expression of law. Laws for today are an integral part of the life of all people, without exception, on the planet. This fact is due to the predominant position of law among other regulators of social relations. The current state of affairs has a negative or positive coloring, no one knows. Nevertheless, the right copes with its main task perfectly, except for some minor points. In the scientific environment there are many questions about the object of the main regulator of social relations. Some theorists argue that the law regulates directly the behavior of a person, others talk about the non-material nature of the object. The closest to the solution of this issue were representatives of the civilian industry. To date, civilization is the basis of the legal policy of the state after, of course, the Constitution of the Russian Federation. Specifically, the object of the civil branch of law are the same-named relations that arise between different actors. In this case, this category has many exceptional moments that reveal its main features and the mechanism of direct regulation. Therefore, we will consider the concept and features of a civil legal relationship with a view to framing the institution's usefulness for law enforcement practice.

What is civil law?

To distinguish the concept and features of the civil legal relationship as an isolated institution, it is necessary to understand the specifics of the industry in which it exists. This normative category does have a certain "binding". It belongs to the civil law branch. This legal sphere unites in its composition special norms that regulate various types of property and non-property relations. That is, the banal opportunity to own and dispose of a chair, cabinet, computer or any other thing is the subject of civil law. As for the theoretical development of the industry, it was implemented even in the days of the USSR. Of course, in this state, civil law was not very popular, because it raised questions about property independence, which was contrary to the doctrine of the Soviet Union. The collapse of the USSR led the state to new frontiers. In the evolution of the economic and legal system, the civil industry has become one of the main spheres of regulation of public relations.

Civic principles

Civil legal relationship, concept, features, elements and types of which will be presented further, exists due to the initial provisions of the title sector. In other words, the subject of civilization is based on its fundamental principles, which are based on the democratic foundations of the Constitution of the Russian Federation. Therefore, in order to correctly identify the concept, elements and features of civil relations, you need to analyze their key foundations. There are seven basic principles that are enshrined in the Civil Code of the Russian Federation, namely:

  • The principle of disposability or permissive orientation;
  • The principle of equality of arms;
  • The principle of inviolability of any kind of property;
  • The principle of freedom of contractual relations;
  • The principle of exclusive inadmissibility of interference in matters of a private nature;
  • The principle of unimpeded implementation of any civilian capacity;
  • The principle of free movement of goods not prohibited by law.

Already in the analysis of all the presented moments, it is possible to draw certain conclusions about the specifics of legal relations in the civil sector. But the subject of regulation of civilization is a separate institution, which is endowed with a structure, subject composition and characteristics of a different kind.

Civil legal relationship: concept, content, features

Any legal branch regulates the process of interaction arising between people. In legal theory, this category is called a legal relationship. It is a common object for all legal sectors, including civil, without exception. Many scientists see the concept of civil legal relations in completely different ways. According to the most general interpretation, this institution is one of the types of social relations that are based on the property independence of the parties and their will. Interaction of this kind arises from the fact of the existence of specific civil rights and obligations. This interpretation, as we see, largely determines the independence of the institute and its exceptional importance. There are also other definitions of the category. For example, civil legal relations are often characterized as regulated by the norms of the current legislation of the relationship between legally equal parties that arise over property, as well as certain intangible benefits.

Signs of the Institute

There are a lot of characteristic moments that explain the specifics of civil legal relations. It should be noted that this institution operates on the basis of civil principles. Thus, the following signs of civil legal relations are distinguished , namely:

  • Presence of internal structure;
  • The existence of a subject composition;
  • Occurrence on the basis of separate legal factors;
  • Complete independence of subjects;
  • Limited state regulation, and so on.

As we see, the institution of civil legal relations has a large number of interesting features that distinguish it from related legal phenomena.

Structure of civil relations

The concept and characteristics of a civil legal relationship in each individual case do not provide an opportunity to fully study the institution. Great importance for understanding this civilized phenomenon has its internal structure. In general, the form of civil legal relationship meets the main canons of legal theory. However, the inner essence of the elements differs significantly from many branches. The structure of civil legal relations includes:

  • Subjects;
  • Objects;
  • Content of legal relations.

Classification of the Institute

So, the concept and the main features of civil legal relations, although they are the main parameters of the assessment of this legal phenomenon, do not explain its full essence anyway. You can understand the institute through its classification. The bottom line is that civil legal relations are not homogeneous. This is due to the existence of various legal facts in connection with which they arise. Given this, we can talk about the existence of the following legal relations, namely:

  • Property;
  • Non-property.

In turn, each of the listed classification species has its own characteristics, and also is subdivided into smaller elements. As a rule, the main criterion of evaluation in both cases is the degree of the subject's connection with any material component.

Property type

The concept, elements and structural features of a civil legal relationship are, of course, important components of the institution. However, it is also necessary to consider its species, one of which is the property one. The name itself says a lot about its specifics. That is, property relations are relations that arise in connection with certain material goods. It should be noted that the category also includes works and services. In this case, the specificity is due to the economic nature of these legal relationships.

If you analyze the current legislation, you can divide the property view into two more elements, namely:

  1. Clerical legal relations - this is a phenomenon that confirms the fact that a particular subject has a material good;
  2. Obligatory relations, in turn, characterize the process of transfer of property rights.

Thus, all the above-mentioned points largely explain the key aspects of the first type of the institution considered in the article.

Non-property legal relations

The second kind of the mentioned institute is no less interesting. Scientists systematically study various problems arising in it. Non-property legal relations of a civilian type in this case is a category, the emergence of which occurs on the basis of intangible benefits, which are directly owned by the subjects.

There are several main groups into which the presented version of the legal institute is divided, for example:

  • Relations arising in the author's sphere;
  • Relations that arise from the fact of invention and ownership of industrial design rights, utility models, inventions;
  • The relationship of protecting dignity, honor and reputation.

It should be noted that over time, the non-property type of civil legal relations is developing more and more. This is due to the rapid evolution of the digital world and the change in the legal status of activities in it. Therefore, the concept and characteristics of the civil legal relationship, as a separate institution, is increasingly integrated into the non-property sphere of the industry.

Specific objects of the Institute

The concept, features and types of civil legal relations presented above made it possible to understand the main points of their existence. But to understand the scope of the institute, it is necessary to analyze the objects to which it directly affects. To the regulated objects to date are the following:

  • Movable and immovable property;
  • Works and services;
  • Intangible goods (copyright related rights, information, etc.).

The concept of civil procedural legal relations and their features

Civilization is a common science and legal field for many related industries. An example is the civil procedural law of the Russian Federation. It comes from classical civilization, however, it has characteristics characteristic only of it. Most successfully they are manifested in legal relationships. Given this fact, it must be said that civil procedural legal relations are relations that arise between parties to a particular dispute and directly by the court. Their main feature is that the obligatory participant in all cases is a state person. This fact causes a small share of imperativeness in such relations.

Conclusion

Thus, we examined the civil relationship: the concept, content, features. The thesis of not one scientist was defended on the basis of the problems of this extremely interesting institution of civilization. Let's hope that in the future, scientists further modernize it to enhance the enforcement practice of the industry as a whole.

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