LawState and Law

Civil-law relations

Civil-law relations - property or property related personal non-property relations, regulated by the norms of civil law. Participants in such legal relations can only be citizens of civil obligations, as well as rights. Against the background of other social relations, they are distinguished by a specific method. It is based on equality of the parties.

Almost always, civil-law relations are established precisely by the will of all parties. The contract is their typical basis. The parties are equal, and therefore have the right to demand from each other not only what is supposed under the agreement, but also according to the law. If their equality is lost - relations cease to be civil-law.

The subjects of civil-law relations are different. These are citizens, and stateless persons, and citizens of any other states. They can also be any legal entities, municipal entities, the Russian Federation, its subjects.

Under the object in this case, one should understand the behavior of subjects, directed at various material and non-material goods.

Subjective civil law is based on three powers:

- the right to own action, which means the possibility of independent commission of significant legal actions;

- a requirement, which is understood as the possibility to demand from any obligated subjects of performance of duties ;

- for protection, which is understood as coercive measures, in the event of default. Measures can be taken quite seriously. The case can turn into a criminal.

Only federal laws can restrict the rights of subjects of these relations.

The subjective civic duty is the proper conduct of participants in such legal relationships. It's about the fact that actors should refrain from any action or commit it. It is accepted to distinguish subjects of the passive and active type.

Civil-law relations are specific and the fact that all parties in most cases have rights and bear responsibilities. Both occur simultaneously. There are, of course, those in which each of the parties carries only duties or only rights.

Types of civil-law relations are different. In principle, the division can be made for a variety of reasons. Most often, such a basis is how these relations affect public relations. It is about property relations, as well as legal relations of personal non-property.

In the first case, it is understood that the object is the material good that belongs to a particular person. It can be about recognizing the right of ownership, transfer of this material good and so on.

In the second case, everything comes down to the results of intellectual activity, as well as to the fact that it is connected with intangible goods by type of name, business reputation, authorship and so on.

The relationship of the right holder with third parties can also be the basis of division. In this case, the legal relationship can be absolute or relative. In the first case, the circle of third parties opposed to the empowered person is uncertain, in the second - the person confronts him.

In principle, this division is rather conditional. The bottom line is that in practice, in legal relationships, one can often observe elements of both at the same time. This should not be forgotten.

Another basis for division is the "stage of life" of things. Civil-law relations in this case may be mandatory or real. The former are satisfied due to any actions of the person obligated, the latter - due to interaction with the thing.

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