Subject of civil law

The subject of civil law can be considered as an independent branch of law.

Since civil law is fundamentally a private phenomenon, it regulates those relations that are based on equality, independence of will and independence regarding property relations, using the dispositive method, which includes coordination and decentralization.

The main sign of equality of participants in civil relations is that the parties, remaining property autonomous entities, in no way subordinate to each other. None of the parties has power over the other side, they can only dictate the legal conditions of the relationship.

The sign of the autonomy of the will essentially means that the objects of civil law are fully free, regarding the acquisition of civil rights and the adoption of legal duties. As a rule, they enter into civil legal relations on their own initiative, guided only by their own interests.

The very term of civil law has a number of meanings: civil law as one of the parts of law, namely civil law, and law as a scientific and educational discipline. We will reveal the subject of civil law as an independent branch of civil law. Each of the industries is called upon to regulate by its norms those collective relations that include its subject. So, the subject of civil law is a certain object, which is directed at the force that regulates the rule of law. Thus, the uniqueness of a particular branch of law is predetermined by the peculiarity of its subject. By itself, civil law coordinates both property and property-related relationships. The enormous wealth of those real collective relations that fall within the scope of civil law can well be expressed by property and non-property relations, although the interpretation of civil law is quite abstract.

If you determine the very essence of property relations, you must indicate that this is one of several ways of being strong-willed property relations, namely, statics and dynamics. They exist in conditions of well-developed production of goods as a material good, in which all parts are on the same level. As such, property relations, in fact, occur only in the subject of civil law.

The second part, which is the subject of civil law, is its own non-property relations, which, in one way or another, are connected with property relations. They are characterized by great diversity and are shown in various branches of law. Civil constitutional rights that relate to freedom of speech, the press, assembly and integrity are non-property rights. Also, non-property personal rights include a significant part of the relationship that is in the legal system, for example, raising children, divorce, and so on, as well as in the field of morality. Firstly, non-property rights necessarily express a certain individuality of the organization or individual citizen and their assessment by society. Secondly, if relations relate, for example, to authorship, literature and art, then they are, respectively, related to property, and are produced from non-property.

Civil law is divided into separate sectors using two criteria: the method and subject of legal regulation. The main criterion that delimits them is the concept and subject of civil law, by which we mean the circle of social relations that are standardized by the branch of law. The specificity of the content and subject of regulation of civil law determine the nature and content of relations that are included in the subject of the industry.

Source: https://habr.com/ru/post/E25818/


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