Citizens of every country in the world interact in different ways. Communications can occur at a variety of levels. There is such a thing as a “civil relationship”. What is hidden under this term, what are the main signs of such a relationship? We will talk about this in the framework of this article.
What is a civil relationship?
To begin with, we will determine the subject of our small study. When is the occurrence of civil relations? What are their features and symptoms?
In everyday life, people enter into various communications - social, business, political in nature. A significant percentage of interaction within these and other environments is regulated by law. The main volume of relations between people is occupied by those that are mainly of a civil law nature. Actually, the main factor in the formation of the relations in question is the availability of relevant legislative norms that regulate them.
The foundations of civil legal relations are, firstly, the normative basis, and secondly, the actual actions of people falling under regulation. Thus, the state acting as the legislator also directly participates in how the interaction of subjects of society is carried out.
The next point, which requires detailed consideration, is structure. Elements of civil law are different. About it - further.
Elements constituting a civil relationship
There are two main interpretations of the term in question. According to the first, the elements of civil legal relations are identified with "subjects". They, in accordance with a common definition, are participants in relations that have become carriers of subjective rights, as well as obligations of a civil nature as a result of the rule of law. Elements of civil legal relations are, in this case, the subjects of action, of some activities.
Note that the mentioned definition is not present in the relevant legal acts in force in Russia, it is replaced by the concept of “citizens” and the term “individuals” identical with it in some cases, as well as the phrase “legal entities” - depending on the context and focus regulation. Subjects, that is, elements of civil legal relations, as public state or municipal formations are also distinguished. For example, such and such a republic or this or that city. At the same time, they, when it comes to law enforcement practice, are equated, if the context requires it, with legal entities. In some cases, the nature of the subjects is such that it is rather difficult to classify them. For example, as a party to the same transaction, a citizen can act as an individual, as well as as the head of a legal entity.
There is another interpretation of the term "elements of civil legal relations." According to her, not only subjects are meant, but also other components that are part of the relationship as a process. In this case, the elements of civil law relations are represented (based on the classification widespread among Russian lawyers) by the following spectrum:
- Actually entities (individuals, legal entities);
- content of the legal relationship process (current rights, obligations);
- the object of the emergence of relations (something that simultaneously affects the interests of subjects).
Thus, the first interpretation is narrower, the second is much wider, but both of them have a right to exist. However, we are now interested in another question: "What are the elements and types of civil relations?" Let's move on to their consideration.
Types of civil relations
There are a lot of criteria for classifications that determine the types of civil legal relations among Russian lawyers. But the main two. The first is the foundations of civil relations, which may be property or personal. The second is the nature of mutual communications. It, according to the widespread definition, can be absolute or relative. We also note that in some cases a criterion is applied, which is based on the mechanism for realizing the interest of a person who has the corresponding rights - property or liability. Other notable grounds for classification include the legal status of subjects of legal relations, whether the regulatory law belongs to regulatory or protective ones.
Many lawyers note: both elements and types of civil legal relations can have a conditional border. In law enforcement practice in some cases it is very difficult to classify the nature of certain transactions. This may be the case, for example, in areas subject to intellectual property laws. There may be both property and personality signs of the relationship.
Some experts prefer to separate civil procedural legal relations into a separate category. Their main symptom is that the relevant communications are carried out in the framework of lawsuits. However, the nature of such disputes is civil. As well as legislation, based on the rules of which decisions are made in favor of one of the parties.
Civil procedural legal relations arise in cases where each of the parties honors the law, relying on its own criteria. Or, voluntarily or not, violates the relevant regulations, as a result of which the opponent cannot exercise his rights.
Competency and Responsibility
Having considered what the structure, the elements of civil legal relations are expressed in, we can study such properties as competence and obligation that take place when transactions are concluded within the framework of relevant communications. What are these phenomena? The fact is that each of the mentioned concepts is peculiar to the parties engaged in legal relations. At the same time, participants in transactions may be authorized and obligated at the same time. This applies, for example, to most contracts between businesses. For example, the contracts indicate not only the rights of the seller and the buyer, but also their obligations.
Objects of civil legal relations
Having examined the concept and elements of civil legal relations, we can study such an aspect as objects of the corresponding type of communication. What are the criteria for determining them? Russian experts prefer to stick to this wording: an object is the subject of the subject’s actions. That is, what is affected by the relevant elements of a civil relationship. At the same time, the specificity of civil law lies in the fact that it mainly regulates the boundaries of the behavior of entities. That is, in the course of the exercise of rights and obligations, elements of legal relations govern, first of all, their behavior. And in this case it (behavior) will be the object of the corresponding communications. In addition to it, the object of legal relations, according to another widespread theory, can be various kinds of benefits - property, finances or intangible resources.
If the concept and elements of a civil legal relationship are, in principle, classified by lawyers within the framework of more or less universally recognized criteria, then with regard to the objects of the corresponding communications, not everything is so simple. Scholars and practitioners dealing with civil law issues do not have a generally accepted point of view regarding this issue. There is, in particular, the opinion that the relevant legal relations may not have an object at all, others object, believing that the interaction of the subjects of communications in this case does not make sense. There are lawyers who believe that the object cannot be divided into that component, which reflects the behavior of the elements of legal relations, and that which is connected, in fact, with benefits.
The mechanism for determining objects of civil legal relations, based on three criteria — legal, ideological, and material — is quite widespread. The first determines the behavior, the second characterizes the will of the parties, the third - the types of goods.
The content of legal relations
Having studied the objects that characterize civil relations, the concept, elements, types of relevant communications, we can move on to such an aspect as content. What are the features of its formation, according to the theses of Russian lawyers? There is a point of view in the expert environment: the content of civil relations is determined by mutual rights, as well as obligations related to the subjects of communications. Their structure is seen by experts as very diverse. In particular, some rights may include only one power, others - several. For example, with regard to property, the owner can both use and dispose of it.
The emergence of civil relations
We studied the elements of civil law, content, subjects, objects. Now it is worth paying attention to such an aspect as the basis for the emergence of appropriate communications. First of all, we note that laws that reflect the rule of law cannot be the basis for the emergence of rights and obligations. They only provide for those mechanisms that can become such a basis. In this case, we are talking about the so-called legal facts. The reasons for their classification are many. But all of them, as a whole, come down to the appearance of certain life circumstances that predetermine the will of the parties to conclude a transaction of a civil law nature.
Non-property civil relations
Among lawyers, there is an opinion that the most common type of legal relationship is property relations. But the more interesting it will be to study the variety supplementing it. That is a non-property relationship. The criteria for their classification are quite complex. Experts prefer to subdivide non-property legal relations into two types - those that are in no way connected with the material aspect (that is, completely personal), and those that still somehow affect it. Areas that may reflect relationships of the first type are copyright, intellectual property. And also those areas of communications that reflect exclusively personal legal relationships - honor, dignity, human rights, etc.
Relations within the framework of business companies
We discussed what civil law is (a concept, features, elements that form it). But we talked mainly about aspects that reflect the communications of individuals. It will be equally useful to consider the nuances characteristic of the participation of organizations in civil matters.
The main area of ​​concern here is communications, reflecting the creation, maintenance and termination of activities of legal entities, as well as relations carried out by organizations related to economic activities. In some theoretical concepts that are common among Russian lawyers, civil relations (the concept, elements, types were discussed above) are closely related to the so-called organizational ones.
The classification of processes characteristic of this kind of communication is quite complicated. There are enough discussion points. In particular, among lawyers, there are some disagreements related to the legality of introducing organizational relations to civil ones as such. Experts who believe that this type of communication can not be combined into one category with those that characterize the interactions of individuals, argue their point of view with the high frequency of occurrence in communication organizations, implying subordination. In turn, civil law implies, above all, equality of parties to transactions. Opponents of such specialists believe that the voiced point of view is only partly valid - it reflects internal corporate processes. In fact, the main part of business agreements is between parties that are in equal status. Transactions are executed in this way in accordance with civil law.
Another subject of discussion is whether the interaction between businesses be considered uniquely proprietary? Above, when we examined the elements of civil legal relations, its content, we did not distinguish the relationship between corporations in a separate type of transaction. Among experts, there are two points of view on this issue. According to the first, it is legitimate to single out appropriate communications in business into a separate, independent type, which can combine the signs of both property relations and personal ones. Another position is based on the fact that today the Russian legislation does not contain formulations that would somehow separate legal relations arising between legal entities from typically "civilian" ones. However, the fact that organizational communications have features that make it in some cases completely dissimilar to property or personal transactions is, in principle, not disputed in the expert community. In practice, these differences can be expressed, for example, in the methods of protecting rights defined by law, other algorithms for resolving issues in a judicial proceeding, another depth of responsibility, etc.
Legal relationship absolute and relative
So, on the agenda are elements of civil law relations. A general description of their species is given above. It will be useful to study in more detail what absolute and relative communications are.
Regarding the first, the authorized party to the transaction (or other mechanism for the exercise of rights) interacts with an indefinite number of entities - “third parties”. The implementation of relevant interests is carried out by a person through their own activities. In turn, those parties to the transaction whose list is not defined at the level of personalities should recognize the corresponding competence of the other party. In practice, absolute civil relations can be expressed in the possession of any property, including intellectual property.
So, relative communications mean participation in the transaction of entities whose personalities are clearly fixed in the contract or other source, and the authorized party is acquainted with them. As for the content of the relevant agreements, according to them, as a rule, those persons who are the obligated party must perform certain activities in favor of the authorized entity. In practice, this can be expressed in the conclusion of contracts for the provision of services, delivery of goods, etc.
Relationships proprietary and binding
Considering the elements of civil legal relations and types of civil legal relations, we have identified a category such as real and obligatory communications. We now consider it in more detail.
Not all experts believe that the separation of property and mandatory legal relations into a separate type is legitimate. If only because they are in many cases very similar to the absolute and relative. Almost always, some lawyers say, you can get by with classifying communications into the last two types. Engage in categories such as materiality and compulsoryness does not make practical sense. At the same time, many experts consider this approach not the most modern. The fact is that the elements of civil legal relations and their characteristics in terms of the species diversity of communications is the subject of study of legal science, the methodological concepts in relation to which are regularly changing. Moreover, legislation is also evolving.
Supporters of the separation of property and obligation relations into a separate category cite excerpts from the Civil Code of the Russian Federation as an example. The Codex has a noteworthy section. It is called "Ownership and other property rights." Another argument is based on the fact that not all rights of an absolute nature can be material. Equally, relative ones may not always be mandatory in practice. It is in those cases when the facts of both types are recorded, it makes sense to talk about property and binding rights as separate types of civil relations.
We proceed, however, to the specifics. What are the criteria for determining property and liability rights? Among experts, the most popular is the one that reflects the way the rights and interests of the authorized party are exercised.If we are talking about property relations, then this happens through activities regarding property. Third parties in this case should not take any action that could prevent the owner from exercising his right. In turn, the obligatory legal relationship implies that the interest of the authorized person is realized by performing exactly the same activities on the part of the obligated participants. In practice, this can be expressed, for example, in a prescription to transfer property to another person.
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