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What is the essence of civil law? The concept of civil law

In those times when the right was only born in the form in which we all were accustomed to seeing it, people still did not understand the benefits of this "adaptation". It would seem that the moral standards sanctioned by the state, what in them can be special? In fact, the usual rules of conduct, only higher rank. Nevertheless, after a few hundred years, the right turned out to be the most powerful and effective way to organize the management of the social masses of different ethnic composition and culture. Gradually, the right began to penetrate not only in the sphere of state building, but also in the everyday life of people. Norms regulated the order of purchase and sale, hereditary and delicate situations, in other words, the process of ordinary life activity. Initially, such norms existed at the level of customs. However, after a while there appeared a whole branch of law, namely civil law.

History of Civil Law

Many modern lawyers are wondering about what is the essence of civil law? On the one hand, the concept of this branch gives an exhaustive answer, which will be discussed later, on the other - there are many theoretical questions that are very often controversial. This fact largely depends on the history of the civil sector of law. First of all, it is necessary to note the primary role of Ancient Rome, because civil law and the civil process, in fact, were invented by scientists of this state. As mentioned earlier, initially this industry "lived" only in customs and traditions. However, as the commodity-money relations developed, the civil, or rather private, law began to develop on the Apennine peninsula. But the industry did not appear immediately. In those days, Rome developed rapidly against the backdrop of the constant struggle between the plebs (the people) and the patriciate (the elite).

Under the pressure of the first patricians, one of the most ancient and most important monuments of law (the laws of the XII tables) was created, in which norms regulating the private life of citizens gathered. Since then, civil law has begun its immediate history.

Laws of the XII tables

This set of normative rules is one of the first examples of the codification of state law by the people. To create laws, a special commission of 10 people was drafted. The purpose of their work was "sorting norms." Outdated legal were simply excluded. Thus, the code of laws includes the most popular legal norms at the time. It is interesting that the codification also carries a lot of information about the procedural activity in civil law, since procedural norms are specially introduced into some tables. Of course, the creation of such a code of laws was a real breakthrough. However, there was a big problem. Those legal relations that were not regulated by laws were not considered existing at all. Therefore, the next few hundred years, the gaps in the law were filled with special acts of public authorities. Directly civil law in the form in which we are accustomed to see it, was formed on the basis of Corpus juris civilis (the code of laws of Justinian). This source largely answered the question of what is the essence of civil law, because it was really unique for its time.

The further history of civil law develops as humanity evolves. In the era of feudalism, the norms of Roman private law were implemented in many economic relations. The greatest development occurred during the Renaissance, when the legal norms as a whole became the most important part of the life of society and the state. In parallel with the development of international relations, the formation of a specific form of civil law, Which became known as international civil law.

The modern concept of civil law

The civil law of Russia and other countries is practically invariable in terms of regulated relations. Of course, the very mechanism of the use of law is quite diverse, but this does not prevent us from singling out a single concept. Thus, civil law is a set of legal norms that regulate property and non-property relations, based on the factual equality of the parties, in order to achieve the most favorable conditions for individuals. However, in order to understand what the essence of civil law is, the industry should be considered taking into account the factors of different legal families formed to date. Also, civil law can be regarded as a scientific discipline. With her help in many schools, lawyers are trained. Themes on civil law help new specialists in the field of jurisprudence to master the legal nature and essence of the industry. As a rule, the preparation is carried out on a theoretical and practical level. Tasks in civil law in many ways ensure the development of knowledge in the sphere of the legalization of private law.

Miscellaneous influence of legal family factors

As in the novel-German, and the Anglo-Saxon legal family, the subject of regulation presented in the article of the industry is one and the same. However, civil law and the civil process are very different in countries where the legal regime is not the same. The main problem can be traced in varying degrees to the implementation of the principles of the civilian sector. For example, in the states of the Romano-Greek legal family, the industry exists on the basis of the principles of de facto equality of the parties, inviolability of all forms of property, freedom of contract. Nevertheless, these principles are much more effectively used in the countries of Anglo-Saxon law. This situation also arises because of the actual differences in political regimes, but this is a completely different topic.

Objects of civil law

Earlier we found out that the subject of civil law are legal relations in the sphere of non-property and property interests of individuals. In turn, the object can be called all the benefits (tangible and intangible), because of which, in fact, there are already mentioned legal relationships. It should be noted that the civil law of Russia today is experiencing a process of unprecedented development. This leads to the emergence of all new facilities, which are covered by the activities of the civilian sector. According to Article 128 of the Civil Code of the Russian Federation, the object of civil law is: property (things), money, securities, as well as property and non-property rights, intangible goods. It should be understood that all objects are subject to the regulation of the civilian industry in the event that they are subject to private law. Otherwise, there can be no question of civil regulation.

Classification of objects

On the basis of existing objects of civil law, scientists put forward absolutely different criteria for classification, for example:

1. According to turnover in society:

- seized,

- limited in turnover,

- unlimited in turnover.

2. According to the type of property:

- Movable,

- real estate.

3. The property is divided into:

- land plots, subsoil areas,

- water bodies,

- Inseparably connected with the ground objects.

There is also a general classification of all the things of the material world that surround a person:

- consumed,

- complex,

- not consumed,

- individually defined,

- things with generic signs,

- divisible,

- indivisible.

Much attention is paid to the classification of securities.

It is worth noting that recently the financial market is on the verge of continuous evolution. This leads to the emergence of new categories that require legal identification. Thus, the following securities stand out:

- registered,

- order,

- Commodity,

- monetary,

- corporate,

- documentary,

- non-documentary.

Also, in civil law, not only things that have a material expression, for example, non-property (property) rights, works, services, etc. are included in objects to objects. Intellectual property occupies a separate niche in the mechanism of legal regulation, which shows its exceptional importance.

The exercise of civil rights very often depends on the specifics of the regulation of an object. For example, real estate has a specific legal characteristic and method of regulation, namely: mandatory registration of all transactions with this object. In this case, there is an imperative method of regulating relations, which is not typical for the civilian sector.

Methods of regulating legal relations in civil law

As in other scientific branches, the method in civil law is a combination of methods, means and methods by which the norms of the right to certain social relations are influenced. It is largely based on key principles (disposability, equality of parties and freedom of contract). Thus, the dominant value is a dispositive method of legal regulation, which is based on the actual will of the parties. In other words, individuals have the opportunity to use or not to use legal norms. Laws in civil law - this is a legislative "supplement", which is used in the event that, for example, the contract does not spell out any relationship. The role of the imperative method in civil law is minimized. This can be traced in the insignificant number of prohibitions that exist in the normative acts of this industry. A similar relationship between the two methodological bases was formed even in the time of the Roman law. Lawyers of that time separated the sphere of public interests and private interests. The latter can not be realized when one of the parties has priority. It follows that equality of the parties is the direct basis of the dispositive method.

In accordance with the principle of freedom, the subjects of the civilian branch have the full right to enter into contracts provided for and not provided for by civil legislation. However, the latter can not contradict the general principles of law and business turnover. In general, the prevalence of a dispositive method makes it possible to use several ways out in specific legal situations. This is clearly visible if you read the tasks in civil law, studied by lawyers in universities.

Subject composition of the industry

The exercise of civil rights, or rather, the mechanism of this process, depends directly on the subjects. Even despite their actual equality, individuals and legal entities vary in many ways. The subject of civil law may be As an animated person, and not (an individual and a company, an enterprise, a firm, a legal entity). This is one of the features of this industry. It is also necessary to note some of the requirements put forward to all without exception: persons with legal capacity and capacity. In addition, the legal characteristics of some entities are quite specific, for example, states. Hence, the main problems of civil law arise: on the one hand, there is equality of parties, prescribed in the sectoral acts, on the other - some subjects are endowed with a different legal status.

Characteristics of individuals

To be a full-fledged subject of civil legal relations, it is necessary to have legal capacity and legal capacity, as already mentioned earlier.

1. Legal capacity is an actual opportunity to own rights and bear certain duties. Every citizen is endowed with it from birth, therefore, legal capacity is the same for everyone. The concept and types of civil rights, as well as duties can be seen in the Constitution, civil law acts, etc.

2. Competence is an opportunity to exercise one's rights and bear responsibility for them. It can be of three types: full, partial and limited. Also there are legal regimes of individuals when they are actually incapacitated. Most often, the volume of this category is determined by the age of the person. From the age of 18, everyone has full legal capacity. But, according to the court decision, anyone can be limited in its ability to act in accordance with certain life situations.

Legal entities and states

Many problems of civil law are connected with the definition of these two types of persons. On the one hand, the state is just as precisely a legal entity as, for example, an enterprise. But due to the presence of sovereignty, this subject has certain features. For example, States do not bear civil liability on general grounds. Nevertheless, in contractual or other obligations, this entity acts, in fact, the same legal entity. Thus, the role of the state is really controversial to this day. As for legal entities, they have the following features:

- unity of organization,

- property isolation,

- property liability,

- in civil legal relations always act on their own behalf.

International Civil Law

International civil law is the totality of the norms of international treaties and domestic laws regulating the most important aspects of civil law in the field of interstate cooperation. This industry arose because of the rapid development of contractual, commercial, family and other civil law relations in an international policy. This set of norms allows the subjects of civil law to interact with each other even if they are not citizens of the same state. One example of civil acts of an international character is the "Agreement on Trade-Related Aspects of Intellectual Property Rights", abbreviated "TRIPS".

So, in the article we answered the question, what is the essence of civil law, and also tried to see the peculiarities of this industry. In conclusion, it should be noted that civil law is the dominant sphere of legal activity, since it is to the greatest extent connected with the life activity of citizens. As for the international industry, it is increasingly being implemented in the civil legislation of many countries, because the role of law in the world is growing every day.

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