Civil law 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.
Civil legislation of the Russian Federation provides for other acts containing civil norms. These include, in particular, Presidential Decrees, government decisions adopted pursuant to and on the basis of laws, acts of a 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 enshrined. Civil law sources include:
- Constitution.
- International legal norms, treaties (with the exception of cases where the application of an international treaty requires the publication of an interstate act).
- Federal laws, provisions of the code.
- By-laws (decrees of the Government, the President, acts of executive federal bodies and others).
- Business customs.
Civil legislation, its acts, provisions have no retroactive effect. They apply to relationships that are formed after they take effect. Civil law is distributed throughout the country. The exception is cases enshrined in individual acts.
Civil law is subject to official publication. The acts are published no later than seven days after they are signed by the President.
Civil law in its provisions enshrines civil law. It is a system of legal norms that govern personal non-property as well as property relations. These legal relationships are based on autonomy of will, equality, property self-sufficiency of the parties. The subject of civil law is the sphere of public interactions.
In the legal literature, property relations are divided into property relations (related to ownership, use, disposal) and obligations (related to the transfer of material goods). Personal non-property interactions are legal relations arising from the emergence and exercise of the exclusive right to property (intellectual activity) and related directly to the person (they also include activities to ensure the protection of honor, business reputation and others). There is also a relationship to determine the legal status of parties to a civil turnover. Such interactions are called organizational.
The methods of the civil law branch are the complex of methods and techniques by which legal influence is made on the spectrum of social interaction. Among the main features of this complex should be noted:
- Legally established equality of parties, participants in legal relations.
- Autonomy of the will. In this case, it refers to the fact that the emergence of civil duties and rights occurs in accordance with a bilateral act; extraneous interference is permissible only in exceptional cases established by law.
- Separation of property.
- Warranty Guarantee.
- The property nature of the emerging responsibility in connection with the emergence of a legal relationship. In this case, it is provided that the property is not the object of collection, but property; civil liability is vested with a compensatory attribute in accordance with the general rule.