Civil law is a set of legal norms, the subject of which is private non-property and property relations. That is, this industry establishes rules of conduct in society. The principles and functions of law can be studied using the Civil Code of the Russian Federation. Let's consider this question in more detail. The following principles of the law in question exist:
- equality. That is, all people should have equal opportunities for legal relations. Regardless of status, the same legal rules apply to their actions;
- inviolability of property. That is, each person can use the property belonging to him, in accordance with their interests. No person should be afraid of restrictions on the use and seizure of their property;
- Liberty. That is, it is forbidden to put any pressure on a person by state structures when signing various agreements;
- principle of particular. That is, unauthorized interference in privacy is unacceptable. This also includes the inviolability of family and personal secrets;
- dispositiveness. That is, a person has the right to independently choose the appropriate behavior. For example, an individual voluntarily seeks protection of his rights, but he may not do so.
Consider the functions of civil law. They can be divided into two main categories. In particular, these are:
- regulatory function. That is, it is understood that persons participating in regulated relations get the opportunity to independently regulate and organize. The content of the considered function of civil law is due to the fact that it deals with special, private public relations. That is why the participants have the right to free discretion of their actions;
- security function. That is, the law in question is intended to protect the various interests (in particular, non-property and property) of persons who participate in public relations. Laws must maintain the status of persons who find themselves in a position in which their interests and rights have been violated. In particular, the functions of civil law, among other things, are to compensate for the harm or restore the violated rights of the victim. In addition, the protection of rights means a preventive or educational task. That is, the law should stimulate such behavior of citizens in which harm, violation and infringement of interests of participants in relations are excluded.
The protective and regulatory functions of civil law are often closely intertwined. This is especially evident in particularly delicate and other similar law enforcement cases. Another example is the regulation of personal relations of a non-property nature.
We clarify some terms. The article used concepts such as property and non-property relations. What do they mean? Property relations are economic relations relating to the independence of use and transitions of produced means, commodities and other material goods. They are divided into relations in the segment of trade and property relations.
Personal non-property relations, which are also oriented towards the functions and principles of law, imply personal rights to necessary goods that are inseparable from a person. In particular, this is authorship, life, name, health, dignity, honor and so on. They are divided into two main groups. These are personal rights that are indirectly related to property. For example, the rights to scientific works and works in the field of literature. These are also personal rights that are independent of property rights. For example, this is the right to dignity, life, name.