Civil law relations - personal or property -related personal non-property relations, regulated by civil law. Participants in such legal relations can only be carriers of civil duties, as well as rights. Against the background of other social relations, they are distinguished by a specific method. It is based on equality of arms.
Almost always, civil law relations are established precisely by the will of all parties. The contract is their typical basis. The parties are equal, which means they have the right to demand from each other not only what is supposed by the contract, but also by law. If their equality is lost - relations cease to be civil law.
The subjects of civil law relations are different. These are citizens, and stateless persons, and citizens of any other states. They can also be any legal entities, municipalities, the Russian Federation, its subjects.
In this case, an object should be understood as the behavior of subjects aimed at various tangible and intangible benefits.
Subjective civil law is based on three powers:
- powers to own action, which means the possibility of independent commission of significant legal actions;
- the requirement, which is understood as the opportunity to demand from any obliged entities the performance of duties ;
- for protection, which means coercive measures that occur in case of default. Measures can be taken quite serious. The case can go to the category of criminal.
Only federal laws can restrict the rights of subjects of these relations.
Subjective civic duty is the proper conduct of participants in such legal relations. The thing is that subjects must refrain from any action or commit it. It is customary to distinguish between subjects of the passive and active type.
Civil law relations are also specific in that all parties in most cases have rights and obligations. Both that, and another arises at the same time. Of course, there are those in which each of the parties bears only obligations or only rights.
Types of civil law relations are different. In principle, the division can be made for a variety of reasons. Most often, such a basis is how these relationships affect public relations. We are talking about property legal relations, as well as legal relations of personal non-property.
In the first case, it is understood that the object is a material good that belongs to a specific person. This may include recognition of ownership, transfer of this material good, and so on.
In the second case, it all comes down to the results of intellectual activity, as well as to what is connected with intangible goods like a name, business reputation, authorship, and so on.
The communication of the copyright holder with third parties may also be the basis of the division. In this case, the relationship can be absolute or relative. In the first case, the circle of third parties opposing the authorized person is indefinite, in the second case, the specific person confronts him.
In principle, such a division is rather arbitrary. The bottom line is that in fact in legal relations you can often observe elements of both of them at the same time. Do not forget about this.
Another basis for division is the "stage of life" of a thing. Civil law relations in this case may be mandatory or proprietary. The former are satisfied due to some actions of the person obligated, the latter due to interaction with the thing.