Civil law as a branch of law

Until some time, the Russian legal system developed in exactly the same way as the Soviet one. Its complex included many separate branches of science. The main sign of civil law of that time was the complete lack of differentiation between public law and private law . This was due, first of all, to the lack of market relations and government intervention in almost all areas of public life. However, as practice has shown, the legal system should not delimit its spheres, but try to coordinate them among themselves in order to regulate relations in society in a comprehensive and not fragmented manner.

Fundamental economic reforms with their recognition of the rights of a private person to property led to the separation of the private system from the public. Now each of them includes the very branches of science (in accordance with the functions performed by them) that previously were built simply in a hierarchical order.

The proof that civil law as a branch of law can exist independently is the existence of a special sphere of relations in the society that it governs, as well as the presence of special techniques by which this management is implemented.

Civil law in the system of legal branches, along with private international law, family and labor, refers to private law branches. In this list, it occupies a major place, as it serves as the basis for the private. Its leading role is due to the fact that civil law as a branch of law is intended to regulate those relations in society that are the subject of private law (primarily property). And from this it follows that its basic principles can be applied in all areas of private law. So, some norms of civil law can be used in resolving issues of financial law. Conversely, the principles of other industries can penetrate the field of civil law. Thus, the interconnection of parts of the legal system is manifested. And at the same time, with the closest interaction, their objects do not mix, due to differences in the nature of relationship management.

Makovsky had in mind precisely what civil law should be understood as a branch of law, and not as a closed system, when he compared it with a bright color spot that has vague borders that smoothly flow into other spots.

Civil law is considered as a branch of Russian law, as an important part of the state legal system in the aspect of regulating relations between specific private individuals. They should be equal legally and independently property.

Civil law as a branch of law cannot be combined with civil law. It has a broader meaning and includes acts and laws that contain the norms of civil law and other areas of science.

It is for this reason that a huge number of legal rules, which are contained in special acts and prescribe the norms of relations in economic activity, cannot be considered a separate branch of science.

The name "civil law" also has a discipline. She explores it not only as a field of science, but also its main categories and postulates. In this discipline, information about the concepts of civil law is systematized in such a way that they make it possible to understand the meaning of the legal regulation of relations in society, as well as evaluate norms and rules, and take into account their shortcomings and advantages.

Naturally, in the course of civil law - civil law, this is the main subject of study.

All of the above says that civil law has several meanings and can be understood not only as a branch of law, but also as:

- legal science;

- training course;

- section of the legislation.

Source: https://habr.com/ru/post/F34996/


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