The standard structure of participants in civil relations is presented as follows: legal entities and individuals, as well as the state. The presented three basic elements and determine the appearance in jurisprudence of the concept of “subjects of civil law”. But the indicated components do not reflect the whole essence of this phenomenon and require detailed consideration.
Detailed subjects of civil law
Strictly speaking, all subjects are divided into two categories: non-state and the state itself. Non-state participants in this discipline include legal entities and individuals.
The latter appear in this industry as a fundamental element. Without them, the private law sphere of relations cannot exist. In the special legal literature there is a definition of “citizens”, denoting the basic element of subjects of civil law. However, such a designation of the fundamental component seems erroneous, because non-citizens also enter into legal relations, namely: foreign nationals and stateless persons. So, all these three categories in civil legal relations theoretically act on an equal footing, having for the most part equal legal personality.
The legal personality of individuals appears from the moment of their birth in full accordance with the legislation in force in the country. Its end occurs from the moment of the physical death of a person, with a number of exceptions, also established by the legal field of the state.
Non-state subjects of civil law include legal entities that are derived from individuals. Such participants in private law relations arise only at the will of the latter and are vested with legal personality depending on the goals set by the individuals who created them. In this regard, there are 2 general types of legal entities - non-commercial and commercial. This very distinction between species makes it clear what goals they pursue: in the first case, the main tasks are those that are not formally subordinate to profit. In the second, all activity is aimed at extracting dividends from the creation and functioning of a legal entity. Despite such different goals, both of them are distinguished by the fact that the legal personality of legal entities appears only at the time of their registration and disappears only at the time of cancellation of such by state bodies. In addition, it is worth remembering that the legal personality of individuals is theoretically unlimited, while for legal entities it is clearly outlined by the statutory documents.
The question arises as to whether municipal and state enterprises can be assigned to this group. In this case, these subjects of civil law should be considered as active participants in civil turnover, not having privileges over other subjects.
The state in the private law sphere plays a dual role. So, both subjects and objects of civil law are able to include it in their composition, although with certain limitations. But as a subject, the state participates in private law relations on an equal footing with the other participants, and in its legal personality is equal to individuals. Activities are carried out through the institution of legal representation (as a rule, these are special decrees and decrees). But it is worth mentioning that it is the state through its legislative bodies that establishes the framework for possible behavior in the private law sphere and at the same time it is obliged to comply with these limits on an equal basis with other persons.
Subjects of civil procedural law - their relationship with participants in private law relations
The most common mistake is that an equal sign is placed between the subjects of the material and procedural parts of the private law sphere. This provision is unfair because in addition to the elements of private law relations already described, judicial and executive bodies are among the participants in the civil process . Thus, subjects of civil procedural law include subjects of civil law, as well as law enforcement agencies in the field of private relations.
In connection with the above, it is worth making a remark that in the private law sphere, the leading role in establishing the method and scope of regulation is played by subjects. And the objects of civil law in this case act only as a factor additionally revealing the essence of the applicable law.