Civil relations are a legal relationship that arises between participants in personal non-property or property relations, governed by civil law. Participants in this kind of relationship have mutual rights and obligations.
Participants in this kind of legal relationship are its subjects. In this case, they can be legal entities, individuals, any constituent entities of the Russian Federation, the Russian Federation itself, various municipal entities.
Subjective rights, as well as the subjective obligations of the parties - this is what is the content of the relationship.
Civil relations are relations whose object is a material good. With regard to this good, there is subjective law and, of course, the corresponding subjective obligation.
The objects of civil relations are different. They can be some things, any services or work, the results of intellectual activity, information, intangible benefits.
Legal fact - this is where the relationship begins, changes, or terminates. A legal fact is usually understood as a specific circumstance with which certain consequences are directly related.
Civil relations, the concept of which is considered in this article, can be classified according to various principles. Most often they are divided into
- relative and absolute;
- non-property and property;
- mandatory and proprietary.
The division into non-property and property is based on the fact that property relations have economic content, but non-property relations do not. In the first case, we can talk, for example, about the attitude of property, and in the second - about honor and dignity.
The division of legal relations into relative and absolute is based on the fact that in absolute legal relations a specific person, the holder of the law, is opposed by an unlimited circle of people. In case of relative legal relations, this circle of persons is limited (the lessor may require the payment specified in the contract only from a certain tenant).
As mentioned above, civil relations are also divided into mandatory and proprietary. The holder of property law has the ability to dispose of a thing at its discretion. The holder of the binding right as an object of law has the actions of the obligated person - in other words, he has the right to demand that the person take some specific actions.
Property rights are absolute, binding rights are relative.
Civil relations can also be urgent and unlimited. This division is based on whether the relationship is limited to any period.
They can also be divided into complex or simple. For the simple, it is characteristic that each of the participants has only one right and one duty, while in complex, the participants can be owners of several rights and obligations at the same time. An example is the situation when the tenant is obliged not only to pay for the premises on time, but also to periodically repair it.
The concept of civil relations cannot be completely disassembled without considering the subjective duties and rights of its participants.
In this case, subjective law is understood as the possibility of behavior of a participant in civil legal relations, which was provided to him by the law. The law makes it possible to require certain behavior from another participant in these legal relations. In case the second resists, certain measures of civil coercion can be applied.
Subjective obligation refers to the specific behavior of a person who is obligated in relation to another participant in the legal relationship.