Interaction between people is a complex process that requires constant regulation. This thesis was derived in ancient times, when states were just beginning to form in the form of integral structures. The bottom line is that the task of any country is to unite and coordinate society to achieve certain goals in the future. This line of activity is possible only with an effective regulator of social relations. That is right today.
The entire legal system is divided into various sectors, each of which affects the homogeneous legal relations arising between certain entities. If you take into account specifically the Russian Federation, then in our country there are many industries. One of the most extensive and effective is civil. This sphere of regulation has a long history of formation and specific functional tasks. In addition, civil law works closely with other industries. The correlation of civil law with other areas of regulation of public relations is of great interest in the scientific community. Therefore, we will consider this aspect in more detail later in the article.
The concept of civil law
Before considering the relationship between civil law and other branches of law, it is necessary to find out the features of the mentioned category. Among the many legal spheres of regulation, civil law stands out the most because it is very closely connected with the everyday life of all citizens of Russia. The doctrinal concept characterizes civil law as a set of specific legal norms that govern non-property relations, as well as all property relations associated with them . The industry refers to the private sphere of the legal system.
Industry history
It is worth noting that civil law was created by the lawyers of Ancient Rome. Over a large amount of time, the industry has been modernized in every way, and the norms relating to it have been codified. The conquest of the Roman Empire by the barbarians and the split of the state into two parts led to the fact that civil law spread throughout the world. As part of other legal systems, civil law was transformed. And in Russia, civil law has found its application. During the formation of the Russian Empire, the state needed an effective mechanism for coordinating the obligation relationship. As we understand it, civil law has become. From that moment, the rapid development of the industry begins.
The object composition of civil law
Any legal branch of regulation of social relations has its own object structure. Based on this factor, it is possible to identify the relationship of civil law with other branches of law. In this case, it should be noted that the object is what is the reason why industry relations arise. The object structure of civil law is enshrined in the current legislation, namely, in article 128 of the Civil Code of the Russian Federation. According to this norm, relations in the presented sphere of regulation may arise regarding:
- things (movable, immovable property, land, water bodies, consumable items, etc.);
- property rights;
- various kinds of work and services.
One of the most specific objects today are the results of human intellectual activity. In theory, a category is called intellectual property. An object is a definite result of a person’s creative, authorial, scientific and other work.
As for the legal relations of the civil branch of law, they are based on equality, autonomy of the will and independence of all entities without exception. In other words, the process of interaction between the parties within the framework of the presented sphere of regulation is based on the principle of dispositivity.
The role of the industry in the legal system
Civil law is of great importance not only in the context of the regulation of certain relations, but also within the framework of the entire legal structure of the Russian Federation. In this case, we are talking about the unique relationship of civil law with other areas. The relationship of civil law with other branches of law has long been disputed by scientists. The very possibility of interaction between the industry, which belongs to a private element of the system, was denied. But due to the fast dynamics of the development of legal relations of all kinds, the correlation of civil law with other branches of law does not make any sense to deny. In this case, a logical question arises: "What specific areas does modern civilization interact with?" There are many views on this issue, but even in countless theories, the most classical statement can be revealed. According to it, civil law is correlated with the following industries, namely:
- family and labor;
- financial;
- administrative
- economic.
To understand the principles and essence of interaction, it is necessary to consider each block presented separately.
Correlation of civil with labor and family law
Scientists have been arguing about the independence of the family regulation industry for many years. Contrary to many progressive views, it is part of civil law, although it has its own legislative base. This trend dates back to ancient Rome. In the civil law of that time, the family and civic industries were inseparable. The bottom line is that the civilian sphere fixes the provisions on the autonomy of each subject, the great role of his honor, dignity, reputation, etc. The institutions presented have largely passed into family law. In addition, this industry is based on the principle of minimal interference by the state in the process of regulation of relations, which also came from civil law.
The labor industry is in some ways similar to civil law. However, the principle of autonomy and equality of arms is currently violated in labor law. Current legislation sets a large number of priority provisions directly for the employer. However, civil law helps many people to defend their independence in relations of one nature or another.
The correlation of civil law with administrative and financial law
The legal system of Russia is divided into two parts: public and private. Administrative and financial law relate to the first element, and civil law to the second. It would seem that the ratio of the represented industries is, in fact, impossible. However, administrative law is related to the civil subject of regulation. After all, the first industry coordinates the relations between various entities through prescriptions of a binding nature.
Such kind of peremptory decrees can be found in civil law, where they are present in small numbers. As regards correlation with the financial industry, it is limited to 2 articles of the Civil Code, according to which civil law does not apply to relations arising from the distribution of state funds. However, a private element of the legal system may be present in cases where public money has become part of, for example, any obligation, etc.
Commercial and civil law
Another controversial issue is the relationship between the business sector and civil law. Both areas of regulation relate to a private element of the legal system. Moreover, it was in civil law that the foundations of entrepreneurship arose as an independent and specific activity. Subsequently, the economic industry separated from civil law due to the emergence of its own subject, method and principles. Of course, the section was also affected by the significant development of relations in the field of entrepreneurship.
The concept of civil procedural law. Functions
It should be noted that the specificity of civil law implies a large role of the court in resolving certain disputes arising within the framework of the presented sphere. This fact led to the emergence of civil procedural law. This industry is a set of legal rules that govern the relations that arise between the courts and other parties to production. The main functions of the civil process are the following areas of activity, namely:
- streamlining the process of administering justice;
- ensuring equality of arms when considering civil matters;
- consolidation at the normative level of the fundamental rights of the parties and the courts.
Correlation of civil procedural law with other branches
All existing legal spheres of regulation interact with each other. From this we can distinguish the relationship of the civil process with other branches of law. The process interacts most closely with the following industries:
- civil law;
- economic procedural law;
- family sphere.
The correlation of the GSP with other branches of law is based on the possibility of considering certain disputes in the particular civil procedure.
Output
So, we examined the concept of civil law, interaction with other branches of the presented sphere of regulation and its other features. It is worth noting that civil engineering is today at the stage of a new round of reform. Therefore, in the near future a complete transformation of the civil law institutions known to us is possible.