Subject and method of civil law

The subject and method of civil law are closely related, since the features of the second are determined by the essence of the first. Also, their formation is influenced by social structure, economic relations, political system.

The subject of civil law is the existing property and non-property personal relations. The latter are characterized by the fact that their participants have equal rights, free will and are equally independent.

Proceeding from the definition of the subject of civil law and the operation of the law of market value, its method is characterized by the direction of restorative, that is, the value of the property is compensated, if necessary.

On this concept, civil law methods are based: the regulation of non-property and property relations. These relations must necessarily be based on complete autonomy of will, equality of their participants and the ability to independently dispose of their property.

The subject and method of civil law indicate what is managed by this branch of science and how it does it. And it regulates basically those relations, the object and content of which are values and goods that have a monetary equivalent (that is, property).

Thus, the subject and method of civil law as a branch of science cover the main sphere of society's life (economic) and important areas of activity of its members.

Civil law governs the main types of property, its content, the procedure for its implementation and the basis for this, as well as relations of civil turnover and other relations related to property in all areas of society. Moreover, regulation of these relations is carried out, relying on the right of the subjects to independently dispose of their property, on the autonomy of their will and equality. Such management completely coincides with the rules of the established market economy and democratic system.

At the same time, civil law concerns issues of non-personal personal relations, and they are not necessarily related to property relations. The Civil Code of the Russian Federation refers to them relations in the field of scientific discoveries and authorship, and others that are also built on the basis of autonomy of will, equality and freedom to dispose of property, that is, on everything that corresponds to the method of civil law.

One of the main spheres that regulates civil law is the activity of an entrepreneur. In the code it is defined as one that is committed independently, at its own risk, and is aimed at obtaining from the sale of goods, the performance of a certain type of work or the use of property of stable profit by those persons registered as entrepreneurs in accordance with the procedure established by law.

The subject and method of civil law also covers to some extent the relations, known as organizational ones. And it is to the extent that they are needed to establish and operate relations of both property and non-property personal. Including in the sphere of entrepreneurs. Their importance is manifested when it comes to concluding contracts, registering an inheritance or a power of attorney.

Some sources refer to the subject of civil law and corporate relations (that is, those that are formed within a firm or a farm). But still, the existing signs indicate that relations within corporations can not be studied and regulated by the principles of civil law. Since their basis is moral and official, it is logical to include them in business law, and not in civil law.