Law is a form of expression of law. Laws today are an integral part of the life of all, without exception, people on the planet. This fact is due to the dominant position of law among other regulators of public relations. Negative or positive coloring has a modern state of affairs, nobody knows. Nevertheless, the law copes with its main task perfectly, except for any minor points. In the scientific community, many questions arise about the object of the main regulator of public relations. Some theorists argue that law directly regulates human behavior, while others speak of the intangible nature of the object. Closest to the solution to this issue were representatives of the civilian industry. Today, civil law is the basis of the state’s legal policy after, of course, the Constitution of the Russian Federation. Specifically, the object of the civil branch of law are relations of the same name that arise between different entities. Moreover, this category has many exceptional points that reveal its main features and the mechanism of direct regulation. Therefore, we will consider the concept and features of civil relations in order to frame the benefits of the institution for law enforcement practice.
What is civil law?
To highlight the concept and features of civil law as a separate institution, you need to understand the specifics of the industry in which it exists. This normative category really has a certain “binding”. It refers to the civil law industry. This legal area combines in its composition special rules that govern various kinds of property and non-property relations. That is, the banal opportunity to own and dispose of a chair, a closet, a computer or any other thing is the subject of civil law. As for the theoretical development of the industry, it was carried out even during the existence of the USSR. Of course, civil law was not very popular in this state, since it raised questions about property independence, which was contrary to the doctrine of the Soviet Union. The collapse of the USSR brought the state to new frontiers. In the context of the evolution of the economic and legal system, the civilian industry has become one of the main areas of regulation of public relations.
Civilistic principles
The civil relationship, the concept, features, elements and types of which will be presented below, exists due to the initial provisions of the title industry. In other words, the subject of civil law is built on its fundamental principles, which are based on the democratic foundations of the Constitution of the Russian Federation. Therefore, in order to correctly identify the concept, elements and features of civil legal relations, it is necessary to analyze their key foundations. There are seven basic principles that are enshrined in the Civil Code of the Russian Federation, namely:
- principle of dispositive or permissive orientation;
- principle of equality of arms;
- the principle of inviolability of any kind of property;
- the principle of freedom of contractual relations;
- the principle of exceptional inadmissibility of interference in private affairs;
- the principle of unhindered implementation of any civic opportunity;
- principle of free movement of goods not prohibited by law.
Already when analyzing all the points presented, we can draw certain conclusions about the specifics of legal relations in the civilian industry. But the subject of civil regulation is a separate institution, which is endowed with a structure, subjective composition and features of a different kind.
Civil relationship: concept, content, features
Any legal industry regulates the process of interaction between people. In the theory of law, this category is called the legal relationship. It is a common object for all, without exception, legal branches, including civil. Many scientists see the concept of civil law relations in completely different ways. According to the most general interpretation, this institution is one of the types of social relations that are based on the property independence of the parties and their will. This kind of interaction arises from the fact of the existence of specific civil rights and obligations. This interpretation, as we see, largely determines the independence of the institute and its exceptional importance. There are also other category definitions. For example, civil relations are often characterized as regulated by the norms of the current legislation relations between legally equal parties that arise regarding property, as well as certain intangible goods.
Institute Signs
There are a large number of characteristic points that explain the specifics of civil relations. It should be noted that this institution operates on the basis of civilistic principles. Thus, the following signs of civil relations are distinguished , namely:
- the presence of an internal structure;
- the existence of subjective composition;
- occurrence on the basis of certain legal factors;
- complete independence of subjects;
- limited state regulation, etc.
As we can see, the institution of civil relations has a large number of interesting features that distinguish it from related legal phenomena.
Civil Relations Structure
The concept and features of civil legal relations in each individual case do not provide an opportunity to fully study the institution. Of great importance for understanding this civilistic phenomenon is its internal structure. In general, the form of civil relations meets the main canons of legal theory. However, the inner essence of the elements is significantly different from many industries. The structure of civil relations includes:
- subjects;
- objects;
- content of legal relations.
Institute classification
So, the concept and the main features of civil legal relations, although they are the main parameters for assessing this legal phenomenon, still do not explain its full essence. An institution can be understood through its classification. The bottom line is that civil relations are not homogeneous. This is due to the existence of various legal facts in connection with which they arise. Given this, we can talk about the existence of the following legal relations, namely:
In turn, each of the presented classification species has its own characteristics, and is also divided into smaller elements. As a rule, the main evaluation criterion in both cases is the degree to which the subject is connected with any material component.
Property view
The concept, elements and structural features of civil legal relations are, of course, important components of the institution. However, it is also necessary to consider its types, one of which is property. The name itself says a lot about its specifics. That is, property relations are relations that arise in connection with certain material goods. It should be noted that the category also includes work and services. In this case, the specifics is due to the economic nature of these relations.
If we analyze the current legislation, we can divide the property type into two more elements, namely:
- Proprietary relations - this is a phenomenon that confirms the fact of belonging to a particular subject of a material benefit;
- Obligatory relations, in turn, characterize the process of transfer of property rights.
Thus, all the points mentioned above explain in many respects the key aspects of the first type of the institute considered in the article.
Non-property legal relations
The second type of the mentioned institute is no less interesting.
Scientists systematically study the various issues that arise in it. Non-property legal relations of a civil type in this case are a category, the occurrence of which occurs on the basis of intangible goods that are directly owned by the subjects.
There are several main groups into which the presented type of law institute is divided, for example:
- relations arising in the author's sphere;
- relations that arise from the fact of invention and ownership of rights to industrial designs, utility models, inventions;
- relationships protecting dignity, honor and reputation.
It should be noted that over time, the non-property type of civil relations is developing more and more. This is due to the rapid evolution of the digital world and the change in the legal status of activities in it. Therefore, the concept and features of civil legal relations, as a separate institution, are increasingly being integrated into the non-property sphere of the industry.
Specific Institute Objects
The concept, features and types of civil relations, presented above, made it possible to understand the main points of their existence. But to understand the scope of the institute, it is necessary to analyze the objects that it directly affects. Regulated facilities today include the following:
- movable and immovable property;
- work and services;
- intangible goods (copyright related rights, information, etc.).
The concept of civil procedural relations and their features
Civilistics is a common science and legal field for many related industries. An example is the civil procedural law of the Russian Federation. It comes from classical civilistics, however, has characteristics characteristic only of it. They are most successfully manifested in legal relations. Given this fact, it must be said that civil procedural relations are relations that arise between the parties to a particular dispute and directly by the court. Their main feature is that in all cases the obligatory participant is a state person. This fact leads to a small share of imperative relations of this kind.
Conclusion
Thus, we examined the civil relationship: concept, content, features. The dissertation of more than one scientist was defended on the basis of the problems of this extremely interesting institute of civil studies. Let's hope that in the future, scientists will further modernize it to improve the law enforcement practice of the industry as a whole.