Civil law is an integral component of the legal system of any state. Existing functions and principles of civil law ensure the stability of the entire legal system of the state and its integrity. But being part of this integrity, civil law has a number of specific functions, the main of which are:
- the regulatory function ensures the formation of adequate conditions for the development of the economic system of society;
- the protective function aims to ensure the implementation of civil rights;
- the compensation function involves authorizing deviations from civil law.
The main attribute of this system are the principles of civil law, which are the most important guidelines and requirements, in accordance with which lawmaking is carried out in this industry. Among the most important are the principles:
- permissive orientation, which suggests that subjects of civil law take the initiative and have the necessary freedom in the field of civil relations. Here the principle “everything is permitted that is not prohibited by law” is implemented;
- equality of the legal regime, establishing that all entities within the framework of relations regulated by this industry are equal to each other. This rule applies equally to relations between individuals and to relations in which legal entities participate. The principle also presupposes the possibility of legal establishment of exceptions, which are applied in accordance with the way the basic principles of civil law interpret the specifics of certain types of activity (for example, due to the nature of professional activity, increased requirements of civil regulation may be established for some categories);
- the inviolability of property, which means that the principles of civil law and its norms provide owners with the rights to own, dispose and use their property. Owners can use their property at their own discretion, and its alienation can only occur by court order. The principle also establishes the rule of compulsory compensation in case of alienation of property to the needs of the state;
- freedom of the contract, which is designed to ensure the freedom of subjects of civil relations in independent and voluntary choice of partners in the contract, the type of contract itself, as well as the conditions under which it will be concluded. In addition, this principle stipulates cases of deviation from these rules, for example, an insurance company is not allowed to refuse the right of a citizen to conclude a personal insurance contract ;
- the inadmissibility of interference in personal affairs, which ensures the protection of citizens from the actions of public bodies, including bodies of the state itself. If the activity of citizens is carried out in full accordance with the law, then other persons shall not have the right to interfere in this activity. These principles of civil law are enshrined in the Constitution and international legal acts;
- guarantee of rights, which assumes that persons involved in civil relations have the right to demand compliance with the partners in these relations and compensation for material damage if it was caused;
- unhindered implementation, suggesting that all principles of civil law should help to overcome obstacles in the implementation of civil relations. This principle is reflected and concretized in the Constitution of the Russian Federation, where article 34 states that no persons can create local rules that will create obstacles to the free movement of economic and financial resources within Russia.
Thus, the principles of civil law under consideration are an objectively necessary element of the entire legal system of the state and ensure its effective functioning within the framework of existing legislation.