What is civil law

Any developed legal system has such an integral part as “civil law”. What is this term? It has a centuries-old history. In fact, civil law is a degeneration of Roman civil law. Today, the above term can be deciphered as “the right of citizens”. This is due to the fact that it is civil law that is the basis for resolving disputes of relations of a non-property and property nature.

The bottom line is that the basis of this kind of relationship is the will of its participants. People decide for themselves whether to conclude a contract, take on a certain kind of responsibilities, and so on. In this case, everything is based on the complete equality of the parties. Civil law regulates those social relations that people enter into for their own, that is, private interests. The state should ensure that people correctly perform the duties that they endow themselves, do not encroach on other people's property or any intangible goods, and so on.

Civil law gives its participants wide autonomy, that is, the ability to choose the most suitable option for behavior everywhere.

Property relations in themselves are very diverse. By no means all of them lend themselves only to civil law regulation. An example is the fact that budgetary and tax property relations cannot be built on the equality of the parties. Here everything is no longer based on private law, but on public law (the state is one of the parties).

The above equality of parties is indeed the most significant side of civil law relations. Imperious submission of one side to the other is simply impossible. With the loss of equality, public relations immediately lose their status of civil law. This, of course, is not about the economic similarity of the parties, but rather about the formal-legal similarity.

Why is autonomy of will so important? The fact is that it is she who is the means that makes the private law sphere self-regulatory. Only with its presence, people can freely enter into any civil law relations. The decision to join them is always made independently - that is, on the initiative of their own, and not someone else. People decide for themselves how to use the rights obtained on the basis of certain legal facts.

Civil law implies that participants in the norms of relations arising on its basis are wealthy. This provision is explained by the fact that property relations cannot arise without a specific separate property. Participants in civil law relations should be able to independently dispose of it, determine its fate.

Of course, civil law also regulates certain non-property relations. Some of them have a direct connection with the property, while others do not have it at all. What can be attributed here? First of all, the diverse interests of the human person should be mentioned. It's about the individual appearance, dignity, honor, privacy of correspondence, personal life, bodily integrity and so on. We also include here the interests of people creating intangible goods (works of art, science, technology, and so on).

Participants in civil law relations are not only individuals. It is important that legal persons also belong to this category. The legal form does not matter. We only note that when considering a case in a civil court, one of the parties must be a physical person. Otherwise (both parties are organizations), the case will be referred to arbitration.

Source: https://habr.com/ru/post/F7635/


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