Society cannot exist outside of relationships. Therefore, all relations between people, organizations, the state, established in the process of their joint activities, must be resolved. Legislation defines social relations as civil, most of which arise by mutual agreement. The subject and the object are integral participants in this process.
The essence of civil relations
For a full understanding of the concept of civil relations should deal with its base, identify legal mechanisms and determine the place in the system of legal relations. The generally accepted definition emphasizes actual relationships. Thus, the legal specifics of the relationship are not fully disclosed.
Legal relations are legal relations that arise on the basis of legality, and their participants have mutual legally sound rights and obligations. From this point of view, the subject and the object are participants in relations whose behavior is governed by the rule of law.
Characterization of civil relations
Civil relations are defined as an individual relationship arising on the basis of law between persons in the course of the sale of any benefits. Such relationships are characterized by the presence of subjective rights and obligations regulated by law and guaranteed by coercive force on the part of the state. The form and actual essence of legal relations are inextricably linked.
The basis is the unity of duties and rights of all participants in the relationship, as well as their general volitional orientation towards the achievement of certain goals and satisfaction of interests. In addition, a strong-willed character is expressed in the manifestation of individual desire on the part of participants in relations, which arises and is realized on the basis of mutual actions (agreements). Its purpose is to establish, change or terminate legal relations.
Being a form of actual relations, civil relations have their own legal content. An inextricable bond unites the subject and object. The rights of the former in this case are guaranteed by the norms of law.
Features of civil relations
Relations lying in the plane of property and certain personal non-property interests are regulated by civil law. This leads to some features that characterize civil relations:
- The subjects of civil relations are isolated in property terms and organizationally. Accordingly, they are independent, separate, independent.
- Equality of participants, secured by legal means and means, is an integral part of the relationship.
- Freedom and independence of participants. At the same time, the dispositiveness of expression of will has civil law regulation.
- The implementation of civil relations is guaranteed by legal norms. Moreover, the measure of punishment for violation or failure to fulfill obligations has a property character.
Civil Relations
Any legal relations have their own unifying structure. Content, subject and object are the main elements. In addition to this generally accepted point of view, some lawyers offer to highlight the real (actual) behavior of the subject.
Subjective rights and obligations
In fact, the content of civil relations are the rights and obligations of its participants. From a legal point of view, one party is considered authorized, the other is obligated.
The measure of the permitted behavior of the subject in the process of civil legal relations is his subjective rights. The subject can take advantage of potential opportunities within the limits provided by law. The list of rights that the subject is provided with is called authority. There are three groups of competencies:
- competent requirements to the opposite party for the performance of obligations;
- the power to own legally valid actions.
- the right to defense (involves going to court to restore a violated right through coercive measures).
The presence of all powers is not required in a single legal relationship.
A measure of proper conduct in civil matters is a subjective element. Its essence of a restrictive nature is expressed in the need to perform any actions or, conversely, to refrain from them. Responsibilities of the passive type (prohibitory) and active (incentive) are distinguished.
Object of civil legal relations
What is the cause of the relationship is defined as objects. The subjects of legal relations have certain rights and obligations. The following division is accepted:
1. Non-property objects. This includes intellectual property, information, personal benefits of a non-property nature (business reputation, dignity, and more).
2. Property objects. In civil law, this includes both specific things and the totality of various material goods. In addition, property rights include the totality of certain rights and obligations (debt obligations, inheritance).
A thing as an object of civil relations
The Civil Code defines a thing as a combination of various items of a material nature in relation to which civil legal relations may arise. The law establishes the rights and obligations that a subject has. The object of activity can be acquired, used and disposed of. This order is called the legal regime of things.
Categories of things in accordance with the Civil Code:
- movable and immovable;
- divisible and indivisible;
- simple and complex;
- limited and unlimited in circulation;
- with signs of personality;
- having generic symptoms.
The subject of civil relations
The concept of "subject" includes the totality of persons who take part in the legal relationship. It can be:
- individuals
- legal entities;
- state (acts in the person of local governments, federal entities or federal bodies).
There is a certain leverage that the state has in acting as a subject in civil matters. The management object in this case is defined as a third party to the legal relationship, that is, an individual or legal entity endowed with rights and obligations in the field of executive power.
Legal personality
Any subject of legal relations should have the legal personality, which is established, changed, terminated solely on the basis of the law. Article 9 of the Civil Code of the Russian Federation states: "Citizens and legal entities, at their discretion, exercise their civil rights." Legal personality includes such concepts as legal capacity and legal capacity.
Civil legal capacity is due to the mandatory presence of civil rights and the fulfillment of duties. It occurs at the time of birth and is inalienable throughout the life of a person. A priori, all citizens of the Russian Federation have equal legal capacity, the restriction of which is provided exclusively on legal grounds.
Civil capacity is the ability of a person to independently acquire, exercise their rights, create civil duties and fulfill them. From the point of view of civil law, the most significant elements of legal capacity are two possibilities:
- transaction ability - independent conclusion of transactions;
- tort - the ability to bear property liability for harm.
A distinctive feature of legal capacity is the obligatory achievement by a citizen of the necessary level of mental maturity and mental development.
Legal Facts
The subject and object are participants in the legal relationship. The reason for the occurrence, termination or change of these relations is a specific life circumstance, regulated by the rule of law and called a legal fact.
Article 8 of the Civil Code regulates the grounds for the emergence of civil rights and obligations:
- from contracts and transactions that do not contradict the law;
- according to the decisions of the meetings provided for by law;
- on administrative acts;
- by court decision;
- as a result of harm to another person;
- as a result of other actions of legal entities and individuals.
The meaning of the Civil Code
The fundamental significance of the Civil Code governing legal relations is manifested in the fact that all other acts containing civil law norms must comply with its provisions.