What are the grounds for the emergence of civil rights and obligations?

Today, man has reached great heights in many branches of his activity. In fact, in the 21st century we are the dominant species on the territory of the whole planet. But intelligent beings are not made by gadgets, cars and computers, but by intellect. This factor helps people organize themselves in groups to achieve certain goals. Over time, the diversity and complexity of social groups developed, which led to the emergence of states.

But what is the regulator of social relations in the countries? In this case, the main coordinating factor of people's activity at all times was right. This system of legalized moral norms is now divided into several interrelated branches, each of which functions to satisfy the interests of societies in a certain sphere of its activity.

One of the most important industries in the Russian Federation is civil. After all, it is she who is most closely connected with the everyday life of a person. The bottom line is that the banal purchase of sugar in the store is a legal relationship, which is called the contract of sale. But interest is not only the civil industry as a whole, but also its aggregate elements (institutions, terms, etc.). Quite specific is the question of the emergence of the powers of the subjects of the civilian industry. In most cases, the appearance of powers is associated with certain legal facts. Therefore, in the article we will consider the reasons for the emergence of civil rights and duties, as well as their specificity.

The branch of civilization is a concept, sphere of regulation

The grounds for the emergence of civil rights and obligations are, as we understand, refer to the legal branch of the same name. Therefore, to study relevant facts of this kind, it is necessary to analyze the very sphere of regulation. It is worth noting that civil law was developed in ancient Rome. In those days people used the generally accepted moral norms to create a regulatory framework within which society can exist. Over time, civil law has spread and even found several ways of its development. Of course, modern civilization in Russia has little to do with such a branch of ancient Rome. However, some ancient institutions are still alive in the norms of civil law of our time.

Thus, this industry is a set of norms of a legal nature that regulate property and non-property social relations with the aim of further organizing the economic policy of the society. In this case, the subject of civil law is quite broad. This is due to the fact that the grounds for the emergence of civil rights and obligations are also divided into a number of different legal facts.

Industry principles and legislation

The grounds for the emergence of civil rights and obligations in their majority are due to the specific initial assumptions of the industry. In other words, the principles of civilization set the tone for the entire sphere of regulation, which subsequently affects the facts of the emergence of specific legal relations. To date, the civil law has the following main provisions:

- the principle of equality of parties and freedom of contract;

- the principle of inviolability of private property;

- the principle of inadmissibility of state intervention in private affairs of persons;

- the principle of full and unhindered exercise by the subjects of their rights and responsibilities;

- the principle of initiative in the process of exercising the powers of the subjects.

Where are the grounds for the emergence of the powers

The presented initial provisions are part of the sectoral legislation. The basis of the entire regulatory framework can rightly be recognized as the Civil Code of the Russian Federation. It fixes the provisions of all industry institutions without exception, as well as their specific features. In addition, the grounds for the emergence of civil rights and obligations are stipulated in the Civil Code of the Russian Federation. This approach allows us to speak about the exclusive position of normative acts in civil activity.

Grounds for the emergence of civil rights: the concept of

According to Article 8 of the Civil Code of the Russian Federation, the civil rights and obligations of the subjects of the industry are regulated by the current legislation. In themselves, the grounds are specific legal facts of reality, having legal significance and generating certain consequences. In other words, these moments should be normatively fixed and correspond to certain peculiarities.

Features of bases

So, we found out above that the basis for the emergence of civil rights and obligations is a certain kind of legal facts, which are due to different moments of reality and, of course, the activities of the subjects of the industry. But the presented category has a large number of characteristic features.

1. Grounds for the emergence of civil rights, duties can exist both in the norms of laws and in the actions of subjects.

2. The category refers exclusively to civilization, that is, rights and duties of a different orientation can not be created by it.

3. The powers that emerge from specific grounds are an integral part of the legal status of the subjects of the industry.

4. Legal facts may not be provided for by law.

5. Grounds for the emergence of civil rights, duties come from a common sense and the beginnings of civilization.

Thus, these features most fully characterize the legal facts that give rise to the powers of the subjects of the civil sector.

Normative regulation

As mentioned earlier, the grounds for the emergence of rights and obligations are fixed in the Civil Code of Russia. However, legal facts are based on the provisions of various ABMs. There is a whole system of regulating relations of a civilian type, which includes the Russian Constitution and other acts of a legislative and subordinate type (Federal Law "On the Privatization of Property", "On Financial Leasing (Leasing)", etc.).

List of grounds for civil rights, duties

The statutory provisions of the Civil Code give an exhaustive list of legal facts that are responsible for the emergence of competences in subjects of civil legal relations. Thus, the grounds for the emergence of civil rights and obligations are:

1) contracts, transactions stipulated by law, as well as other similar legal relations, not directly specified in regulatory enactments;

2) decisions of authorized bodies of legal entities;

3) acts of official government bodies of state and municipal nature, bodies of self-government;

4) judicial decisions in which any rights and obligations are established;

5) facts of direct acquisition of property, which is not directly prohibited by law;

6) the results of the process of creating intellectual property: inventions, literary and scientific works, electronic programs and so on;

7) the facts of causing harm to one person by another;

8) facts of unjust enrichment;

9) other actions of citizens or events that directly generate civil powers.

Features of Article 8 of the Civil Code of the Russian Federation

It is worth noting that the list presented above is not exhaustive. Article 8 "Grounds for Civil Rights, Duties" states that people can establish a legal framework for themselves. That is, the existence of facts that are not specified in the law, which entails the emergence of rights and duties of a civilian type, is entirely permissible. This feature is based on the principles of civilization, according to which the parties are completely independent in their actions. In other words, everything that is not directly prohibited by law is permitted. However, these grounds can be characterized as the most frequently encountered. Therefore, the legislator fixed them in a legislative act, in order to improve the regulatory process. In order to understand the specifics of the process of appearance of powers, it is necessary to consider some types of legal facts and to understand their specifics.

Peculiarities of contractual relations

Transactions - this is the basis for the emergence of civil rights and obligations, if you take into account the provisions of Article 8 of the Civil Code. At the same time, the freedom to establish a legal regime in these jurisdictions is most pronounced. To date, there are many different contracts. At the same time, each person has the right to enter into a relationship, that is, to conclude a contract, which is not stipulated by the provisions of the current Civil Code. Such liberty exists because the legislator simply does not have time to follow the evolution of society. This, in turn, does not allow you to take into account absolutely all types of legal relationships that individuals can join. Therefore, there are standard frameworks that are common to all contracts and transactions. The latter, in turn, are responsible for the appearance of rights and obligations, which makes them legal facts.

Acquisition of property as the basis for the emergence of the powers

Another interesting point is the purchase of property. Such a basis for the emergence of civil rights has a special status in the current legislation. They cover all the facts of the acquisition of things of any kind, an official ban on which does not apply. In addition, this basis extends to the facts of processing, the creation of new things, etc.

Conclusion

So, we tried to answer the question, what are the reasons for the emergence of civil rights and duties. It is worth noting that the article did not consider in detail all the legal facts, but only the main facts. At the same time, the legal status of other grounds is not insignificant or uninteresting. Each and every legal fact has its own influence on legal relations.