The whole modern world is fully regulated by legal norms. This fact is not at all surprising, because law in the 21st century is the main regulator of social relations. But this state of affairs did not always exist. Initially, the population of all countries was subject to the influence of violence and religion. However, the effectiveness of these methods of influence is rather low. Indeed, violence only affects the weak, and religion affects believers. Thus, law has become a key regulator of public relations. Over time, the legal sector of society began to expand. This led to the fact that the law was divided into several interrelated sectors, each of which regulated completely different types of social relations. To date, a banal trip to the store is legally justified. For example, the fact of purchasing bread is a classic manifestation of a contract of sale. In this case, we are talking about civil law. In general, this sphere of legal regulation is endowed with a large number of interesting points. Civil relations, in turn, are a holistic institution of the civil law industry, which has its own concept, characteristics and species division.
What is civil law?
Before considering the signs of civil relations, it is necessary to analyze in detail the legal industry to which they directly relate. Such today is civil law. According to doctrinal developments, civil law is a whole set of various legal norms that govern property and non- property relations . The purpose of the existence of the industry is, as we understand it, to ensure the economic interests of society and the state as a whole. In essence, civil engineering is a key industry. After all, it leads its history from the time of ancient Rome.
Some scholars believe that modern legal industries originate from the civil one. Nevertheless, today civil law is a completely independent legal sphere, which has its own legislative basis and, most importantly, the object of regulation.
Normative regulation
Of course, the concept and signs of civil law in the laws of the industry can not be found. However, the regulatory framework enshrines the principles of the activity of a particular sphere of regulation, as well as its legal freedom. To date, the structure of the legislative framework of the civil industry includes:
- Constitution of the Russian Federation;
- Civil Code of the Russian Federation;
- other civil law regulations.
The provisions of these legal acts constitute an integral regulatory system that directly affects the industry.
What is the subject of civil law?
In the scientific community, a lot of controversy is caused by the direction of action of a particular legal sphere. The bottom line is that various phenomena and objects are recognized as an object of regulation. However, there is no single view. According to the most classical theory, the object of any legal industry, including civil, is specific social relations. To date, this statement has many adherents. It was it that influenced the emergence of the institution of legal relations in modern Russia.
What is a civil relationship?
The object of civil law is certain moments of reality that accompany people throughout their lives. In other words, civil relations are relations that arise in the process of ordinary human activity. Moreover, in the provisions of the legislative acts of the state there is no definition of this institution. However, in the works of many scientists its designation is given. Most civilists today agree that civil relations are interactions that arise between industry entities regarding intangible goods, property, and powers that are directly related to this. Such a definition of the term makes it possible to highlight the characteristic features of this kind of interaction, as well as other rather interesting points.
On the basis of what civil relations arise?
Interaction of any kind always begins about any benefits. Civil relations, the signs, the types of which are presented in the article, are not an exception to the rule. There is a whole system of grounds for their occurrence. The majority of these grounds are enshrined in civil acts of the state. Thus, today we can distinguish the following aspects that give rise to interaction within the framework of civil law, for example:
- transactions and contracts;
- decisions of the judiciary;
- legal facts of the creation of works, the purchase of property;
- actual damage;
- actions of subjects of civil law of a different orientation.
Of course, the presented aspects characterize legal relations in the mentioned branch of regulation, as well as in some way illuminate its specificity. However, they relate only to industry interaction. Signs of subjects of civil legal relations and other institutions of this sphere of regulation will differ significantly.
Signs of civil law
The interaction of subjects of civil law is a holistic institution. This fact allows us to highlight the concept and specific signs of civil law relations. But the question is, what are the signs? This concept characterizes the most obvious features of the relations of the parties in the industry, which distinguish them from the mass of others. Thus, there are the following signs of civil relations:
- absolute equality of participants or subjects;
- they arise between individuals and legal entities, that is, in the established order established organizations;
- subjects are vested with the right of initiative at the time of implementation of the interaction;
- the emergence of such a relationship comes from various legal facts (the creation of scientific, literary works, the purchase of property, harm, conclusion of an agreement, etc.);
- on the part of the state, the regulation of such legal relations is minimal.
Of course, this list of features is not exhaustive. Indeed, certain aspects of the functioning of the industry as a whole are signs of civil relations. Therefore, no one can say that in the future the perspective of civilistics will not change, and this will not lead to the modernization of cooperation in this area.
Types of Civil Relations
Any legal institution has a large number of different manifestations, which allows it to be classified. Civil relations arise on the basis of various legal facts and objects. This makes it possible to divide them into several main groups.
- The difference in property and non-property legal relations is manifested at the time of their occurrence. In the first case, there is some object of the material world, and in the second - exclusively intangible goods (business reputation, honor, dignity, etc.).
- Property relationships arise due to the existence of material wealth. Their opposite is commitment. They characterize the attitude in which each of the parties must implement certain actions in relation to the other subject.
The concept and signs of civil procedural relations
Most legal sectors are not only similar, but also complementary. An example of this is the relationship of civil and civil procedure law. Of course, the second industry is characterized by certain features. Legal relations in it arise in the framework of the trial. In this case, the obligatory subject is the court, which coordinates all the interaction. In addition, the beginning of such legal relations is the fact of appeal to a special public authority. However, there are some commonalities. For example, in procedural, as well as in material relations, there is a dispositive principle of regulation of the activities of the parties, as well as autonomy of the subjects.
Conclusion
So, we examined the concept and signs of civil relations. At the same time, there are many interesting points within the framework of the presented institute that need theoretical refinement by modern scientists.