The subjects of civil law are representatives who confirm the legal facts of legal capacity and legal capacity. These are citizens with certain rights and obligations, capable of exercising them in absolute sanity. This term should be understood as a mechanism created for the benefit of society and an individual to protect it before the law. The subjects of civil law are all residents of the country, and the central branch of jurisprudence manages legal relations and determines the degree of punishment.
Legal concepts and terms
In the terminology of jurisprudence, there is often an expression about the presence or absence of validity. The subjects of civil law are people participating in one of the forms of civil relations. First of all, they must have legal capacity. She gets it right after birth. Enterprises of any form of management acquire it from the moment of formation and registration.
The next important indicator for persons who, by definition, are the subjects of civil law is their legal capacity. This fact confirms that a person can perform certain actions at the legal level. A citizen must be 18 years old for these actions.
For legal entities, subjectivity is created from the moment of legal existence after registration with the government department. A set of parameters is of importance, this proves the ability of the subject to make transactions and bear responsibility in the court of law in case of detection of offenses relevant to the case.
Who is listed?
The subjects of civil law are:
- Legal entities.
- Citizens of the Russian Federation.
- Persons who do not have any citizenship, but they live in the territory of the Russian Federation.
- People with passports of other states.
For jurisprudence it is important in the investigation to get a fair result. Civil law exists for society, protecting it before the law.
Legal Attributes
According to the law, a citizen is endowed with the following rights:
- own property;
- to inherit and transfer material values to the heirs;
- work in any industry if activity is not prohibited by law;
- create enterprises in legal status independently and jointly with partners;
- participate in legal transactions;
- determine the place of temporary and permanent residence;
- own copyrights for technical, theoretical, scientific, intellectual developments.
The Constitution and the Civil Code of the Russian Federation guarantee citizens:
- become a property owner;
- engage in entrepreneurial activity.
In our country, a person cannot be restricted in his rights on the basis of sex, religious beliefs, or national origin.
Member of Legal Relations
Lawyers, jurists use in their terminology “physical person” - this is a convenient name for an ordinary person who has become a member of various fields of activity. When the subject of civil law is an individual, he is protected by law, and the Constitution of the Russian Federation serves as a guarantor.
There is a universally recognized rule: no citizen can at any discretion take away legal capacity or legal capacity. For this, there are legislative provisions where a court decision is necessarily present. In children, legal capacity gradually expands over the years.
Features of children's rights
Juveniles do not have the ability to make transactions. But even after 6 years they can do something if it is not necessary to register for the event. Until the age of 14, the child must give his consent to be adopted. When adolescents participate in large transactions with notarization and state registration, their immediate representatives are required to be present - parents, guardians, adoptive parents.
The written consent of the parents enables children to invest in financial projects and use contributions. Parents are responsible for breaking laws during financial transactions.
The court may limit adult citizens with legal capacity if there is an abuse of alcohol or drugs. Such immoral behavior invariably affects the financial situation of the family. In this case, they are appointed trustees. Medical indicators also affect recognition of legal capacity.
Doctors give an opinion on:
- the presence of mental disorders;
- lack of understanding in the commission of actions;
- the inability to consciously manage actions.
When a person is recognized as mentally ill, he is not deprived of civil rights, society and the official guardian take care. On behalf of a legally incompetent citizen, trustees make transactions.
A number of rights and obligations are imposed on parents of minor children:
- on care;
- upbringing;
- treatment;
- learning;
- protection of interests in instances specified by law.
When a citizen disappears, a period is given for searches. After 5 years, if the search did not bring a positive result, the interested party may file a petition for recognition of the death. During this period, the proxy deals with the property of the missing person.
Special group
The subjects of civil law include the Russian Federation and the territory of the state. For instance:
- republics;
- the edges;
- area;
- areas;
- cities;
- villages.
This is a separate group that belongs to entities similarly to citizens or organizations. State bodies, various structures and municipal entities representing the special owner — the state — speak on their behalf.
Specific indicators
In this case, the state carrier of specific features of the subject of civil law:
- creates legal relations for the benefit of society, and not a specific person;
- government guarantees compliance with legal provisions;
- participates in the life of the population through representative and executive bodies;
- carries out transactions, privatizing state-owned real estate, issuing permits for various fields of activity.
In any case, the subjects act within the framework of legal standards, they may own material property, which they have the right to dispose of. They are also required to be accountable to the law for their actions and manipulations in case of violation.
Legal recognition
The legal entities as subjects of civil law are briefly characterized by the Civil Code of the Russian Federation in article 48. Clause 1 of the legislative act clarifies that legal entities belong to and are recognized by them:
- organizations that own property;
- operatively manage other people's real estate;
- responsible for the obligations taken by their own material means;
- have responsibilities;
- may become plaintiffs or defendants in the court.
Recognition of the enterprise as independent entities is obtained with a combination of the following features:
- organizational unity;
- property isolation;
- self responsibility;
- opportunities for participation in civil matters;
- ability to resolve conflicts in court on his own behalf.
Enterprises in the status of legal entities can be commercial and non-commercial.
What's the Difference?
Commercial subjects of civil law have the main goal, they act for the sake of generating income. The economic result in the form of profit is divided between the founders.
Without financial sources, no organization can exist. Non-profit organizations also receive funds from entrepreneurial activity or chambers of commerce and partnership. Legal acts do not provide exhaustive lists of such objects, but regulate their creation by article 50 in paragraph 3 of the Civil Code of the Russian Federation. The legislator has set clear limits on nonprofit activities. Suppose an enterprise may engage in publishing, but should not trade or act as an intermediary.
Other members
The presence and participation in transactions of municipalities should not be discounted. The state does not act as a single entity - it is a plural structure. Urban, rural settlements, various municipalities carry out local management of enterprises that are not considered state-owned. They have authority, public authority, which they provide the Constitution of the Russian Federation.
These 2 branches of legal forms are connected by a common concept; they work in conditions of public law entities. The Civil Code in article 124 regulates such relations on the principle of equal conditions with all participants. For violations they are liable in court using ordinary measures. The legal provisions emphasize that such entities as public law do not apply the rules for the creation, bankruptcy, liquidation or reorganization of legal entities.
So, in this article we examined the concept of "subject of civil law." We hope you find this article helpful!