Today, man has reached great heights in many sectors of his activity. In fact, in the 21st century, we are the dominant species in the entire planet. But it’s not gadgets, cars and computers that make us intelligent beings, but intelligence. This factor helps people organize in groups to achieve specific goals. Over time, the diversity and complexity of social groups developed, which led to the emergence of states.
But what is the regulator of public relations in countries? In this case, the main coordinating moment of the activity of people at all times was law. This system of legalized moral standards is today divided into several interrelated sectors, each of which functions to satisfy the interests of societies in a specific area of its activity.
One of the most important industries in the Russian Federation is recognized as civil. After all, it is she who is most closely connected with the everyday life of a person. The bottom line is that the banal purchase of sugar in the store is a legal relationship, which is called the contract of sale. But interest is caused not only by the civilian industry as a whole, but also by its aggregate elements (institutions, terms, etc.). Quite specific is the issue of the emergence of competencies of subjects of the civilistic industry. In most cases, the appearance of powers is associated with certain legal facts. Therefore, in the article we will consider the grounds for the emergence of civil rights and obligations, as well as their specifics.
The branch of civil law - the concept, the scope of regulation
The grounds for the emergence of civil rights and obligations relate, as we understand it, to the legal branch of the same name. Therefore, to study significant facts of this kind, it is necessary to analyze the scope of regulation itself. It is worth noting that civil law was developed in ancient Rome. In those days, people used generally accepted moral standards to create a normative framework within which society could exist. Over time, civil law has spread and even found several ways of its development. Of course, modern civil law in Russia has little in common with a similar branch of Ancient Rome. However, some ancient institutions are still alive in the civil law of our time.
Thus, this industry is a set of legal norms that govern property and non-property social relations with the aim of further organizing the economic policy of society. In this case, the subject of civil law is quite wide. This is due to the fact that the grounds for the emergence of civil rights and obligations are also divided into a number of different legal facts.
Industry Principles and Legislation
The grounds for the emergence of civil rights and obligations for the most part exist due to the specific starting points of the industry. In other words, the principles of civil law set the tone for the entire sphere of regulation, which subsequently affects the appearance of specific legal relations. To date, the following basic provisions exist in civil law:
- The principle of equality of arms and freedom of contract;
- The principle of inviolability of private property ;
- The principle of inadmissibility of state interference in the private affairs of individuals;
- The principle of the full and unhindered exercise by subjects of their rights and obligations;
- The principle of initiative in the implementation of competencies by entities.
Where are the grounds for the emergence of powers
The initial provisions presented are part of industry legislation. The basis of the entire regulatory framework can rightfully be recognized as the Civil Code of the Russian Federation. It enshrines the provisions of all industry institutions without exception, as well as their characteristic features. In addition, the grounds for the emergence of civil rights and obligations are provided specifically in the Civil Code of the Russian Federation. This approach allows us to talk about the exceptional situation of normative acts in civil activity.
Grounds for the emergence of civil authority: the concept
According to Article 8 of the current Civil Code of the Russian Federation, civil rights and obligations of industry entities are regulated by applicable law. The grounds themselves are specific legal facts of reality that have legal significance and give rise to certain consequences. In other words, these points should be normatively fixed and correspond to certain features.
Features of the grounds
So, above we found out that the grounds for the emergence of civil rights and obligations are a certain kind of legal facts that are caused by different moments of reality and, of course, the activities of industry entities. But the presented category has a large number of characteristic features.
1. The grounds for the emergence of civil rights and obligations may exist both in the norms of laws and in the actions of subjects.
2. The category refers exclusively to civil law, that is, rights and obligations of a different orientation cannot be created by it.
3. Powers arising from specific grounds are an integral part of the legal status of industry entities.
4. Legal facts may not be prescribed by law.
5. The grounds for the emergence of civil rights and obligations come from the general sense and principles of civil law.
Thus, these features most fully characterize legal facts that give rise to the competence of subjects of the civil industry.
Normative regulation
As mentioned earlier, the grounds for the emergence of rights and obligations are enshrined in the Civil Code of Russia. However, legal facts come from the provisions of various legal acts. There is a whole system of regulation of relations of a civil type, which includes the Constitution of Russia and other acts of the legislative and by-law type (Federal Law "On the privatization of property", "On financial lease (leasing)", etc.).
The list of grounds for the emergence of civil rights, duties
The regulatory provisions of the Civil Code of the Russian Federation provide an exhaustive list of legal facts that are responsible for the emergence of competencies in subjects of civil law relations. Thus, the grounds for the emergence of civil rights and obligations are:
1) contracts, transactions stipulated by law, as well as other similar legal relationships not directly specified in regulatory enactments;
2) decisions of authorized bodies of legal entities;
3) acts of official bodies of state and municipal character, self-government bodies;
4) court decisions in which any rights and obligations are established;
5) facts of direct acquisition of property that is not expressly prohibited by law;
6) the results of the process of creating intellectual property objects: inventions, literary and scientific works, electronic programs and so on;
7) facts of causing harm by one person to another;
8) facts of unjust enrichment;
9) other actions of citizens or events that directly give rise to civil powers.
Features of Article 8 of the Civil Code of the Russian Federation
It is worth noting that the list above is not exhaustive. Article 8 “Grounds for the emergence of civil rights, obligations” says that people can themselves establish the legal framework. That is, the existence of facts not specified in the law, which entail the emergence of civil rights and obligations, is quite allowed. This feature comes from the principles of civil law, according to which the parties are completely independent in their actions. In other words, everything that is not expressly prohibited by law is permitted. However, the mentioned bases can be characterized as the most common. Therefore, the legislator enshrined them in the legislative act in order to improve the regulatory process. To understand in more detail the features of the process of the emergence of powers, it is necessary to consider some types of legal facts and understand their specifics.
Features of contractual relations
Transactions - this is the basis for the emergence of civil rights and obligations, taking into account the provisions of Article 8 of the Civil Code. Moreover, the freedom to establish a legal regime in these powers is most pronounced. Today, there are many different contracts. Moreover, each person has the right to enter into a relationship, that is, conclude an agreement that is not provided for by the provisions of the current Civil Code. Such liberties exist because the legislator simply does not have time to keep track of the evolution of society. This, in turn, does not allow to take into account absolutely all types of legal relations into which individuals can enter. Therefore, there is a standard framework that is common to all contracts and transactions. The latter, in turn, are responsible for the emergence of rights and obligations, which makes them legal facts.
Acquisition of property as a basis for the creation of competencies
Another rather interesting point is the fact of buying property. A similar basis for the emergence of civil powers has a special status in the current legislation. It covers all the facts of the acquisition of things of any kind, the official prohibition of which does not apply. In addition, this basis applies to the facts of processing, the creation of new things, etc.
Conclusion
So, we tried to answer the question, what are the grounds for the emergence of civil rights and obligations. It is worth noting that the article did not consider in detail all the legal facts, but only the main ones. Moreover, the legal status of other grounds is not insignificant or uninteresting. Each and every legal fact has its own influence on the legal relationship.