Property and non-property relations regulated by civil law

Relations governed by civil law are vastly diverse. Moreover, this group is the subject of the GP.

Classification

Many people ask: "What kind of relationship does civil law regulate?" First of all, the first group are material relations arising from material wealth. This means that such objects must have a certain materialized form.

Another group of rights is represented by personal non-property relations regulated by civil law. Here, the subject is already intangible objects, for example, poetry, literature, image, and so on.

Signs of legal relationship

The above relations, regulated by civil law, combines a number of the following features:

• Equality - shows the single meaning of each group before the law.
• Autonomy of the will - the issue of entering into such legal relations is voluntary.
• The property independence of participants - legal relations arise both between individuals and between legal entities. Each of them has equal rights and duties.

Civil law regulates the relations that arise between two or more entities. In addition, if any type of relationship does not contain the above characteristics, then it does not apply to the subject of this branch of legislation.

Subtypes of property and non-property relations

Material relations are divided into the following types:

• Those that are related to things that belong to a particular person.
• Arising between two or more persons (for example, the conclusion of a transaction). This group also includes contracts on the right of operational management and documents defining the obligation to transfer property.

Personal relationships have the following subspecies:

1. Associated with property. The Civil Code of the Russian Federation contains provisions on exclusive rights that apply to the classification group.
2. Relations regulated by civil law, not subject to alienation. The clearest example of this type is copyright, which, regardless of life or death, belongs to one person.

Any violation of the above rights is a solid basis for filing a lawsuit. The authority has the right to apply certain pre-trial sanctions to the violator, for example, in the case of a violation of substantive law, the court may order the arrest of property.

Material Relations: General Description

The predominance of property relations in SOEs is beyond doubt. This group makes up most of the subject of GP. And all thanks to the fact that it develops over specific material goods, the subject of which are materialized objects or the result of the performance of work or the provision of services. It is also important to mention the presence of a commercial nature. Despite the absence of a hard shell, they belong to the category of material relations. So, a bank deposit does not represent the ability to dispose of a certain amount of cash, but the right to demand it from the bank.

Property relations regarding the provision of works and services are allocated into a separate category. The substantiated result is also not a prerequisite for the occurrence of the above type of legal relationship. A striking example of this is the transportation and storage of goods, paid cultural and entertainment events, haircuts, and so on. However, the final result of the work still has a commodity form.

The existence of property relations in nature

Relations regulated by civil law are not one of the theoretical or legal categories. By their normative nature, legal relations are actually real relationships between people that take shape in society. Moreover, this category includes those legal facts, the regulation of which is present in civil law. It is known that most personal relationships are not subject to legal control.

Due to the presence of property relations in modern society, the market organization of economic activity finds its application - both the state and private or public persons.

At the same time, a vivid reflection of this area is the relationship between business entities. Buying, selling, exchanging, as well as other processes of transfer of material goods transform any relationship into real action.

Signs

Property relations regulated by civil law are characterized by the following features:

1. Property isolation and independence of participants

This means that when concluding a state contract between the authorities and a legal entity, representatives of the institution will not enjoy any privileges. It is worth noting that the use of power with the aim of influencing the decisions of the other side of the civil contract is an offense.

2. Compensated nature

There are a number of exceptions, however, most material relations are onerous-equivalent form. It is characterized by a real exchange of goods and cash.

3. Participants, regardless of gender, age and social status, have equal rights and obligations.

general characteristics

As mentioned earlier, one of the categories of civil law is personal non-property legal relations. This category is inextricably linked with the creation and mainly the use of intellectual achievements and creativity. If you specify this category, then this includes:

• works of science;
• works of art;
• heterogeneous inventions;
• unique industrial designs;
• programs for electronic computers and so on.

Features of non-property relations

The main feature that defines the category of relations as personal rights is the absence of a tangible result of activity. Yes, it could be attributed to this category another civilian industry - services ... However, the second sign is touched on here: intellectual property represents an idea, an image, a symbol, and other forms of mental activity.

Any intellectual expression is inextricably linked with the creator or their bearer, for example, only Pushkin A.S. is the author of verses known to everyone, and not a single person is able to rob him of this right. But the logo of the well-known soda is the Coca-Cola company. If a legal entity engaged in entrepreneurial activity allows itself to release a product under the same logo without concluding a franchise agreement, it will bear full administrative or criminal responsibility, it does not matter where it will be - on the territory of Russia or outside its borders, because the state is civil law regulates property relations and personal ones related to them.