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The concept and characteristics of a civil legal relationship, its types

Law is a form of expression of law. Laws to date are an integral part of the life of all people, without exception, on the planet. This fact is due to the predominant position of law among other regulators of social relations. The current state of affairs has a negative or positive color, no one knows. Nevertheless, the right copes with its main task perfectly, except for some minor points. In the scientific environment there are many questions about the object of the main regulator of social relations. Some theorists argue that the law regulates directly the behavior of a person, others talk about the non-material nature of the object. The representatives of the civil sector were the closest to the solution of the issue. For today, the civil law is the basis of the legal policy of the state after, of course, the Constitution of the Russian Federation. Specifically, the object of the civilian branch of law is the same-named relations that arise between different actors. At the same time, this category has many exceptional moments that reveal its main features and the mechanism of direct regulation. Therefore, we will consider the notion and features of a civil legal relationship with a view to framing the institution's usefulness for law enforcement practice.

What is civil law?

To highlight the notion and characteristics of civillegal relationship as an isolated institution, it is necessary to understand the specifics of the industry in which it exists. This normative category does have a certain "binding". It belongs to the civil law branch. This legal sphere unites in its composition special norms that regulate various types of property and non-property relations. That is, the banal opportunity to own and dispose of a chair, cabinet, computer or any other thing is the subject of civil law. As for the theoretical development of the industry, it was implemented even in the days of the USSR. Of course, in this state, civil law was not very popular, as it raised questions about property independence, which was contrary to the doctrine of the Soviet Union. The collapse of the USSR led the state to new frontiers. In the evolution of the economic and legal system, the civil industry has become one of the main spheres of regulation of public relations.

Civic principles

Civil legal relationship, concept, features,elements and types of which will be presented further, exists due to the initial provisions of the title sector. In other words, the subject of civilization is based 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 relations, you need to analyze their key foundations. There are seven basic principles that are enshrined in the Civil Code of the Russian Federation, namely:

  • the principle of disposability or permissive orientation;
  • the principle of equality of arms;
  • the principle of inviolability of any kind of property;
  • the principle of freedom of contractual relations;
  • the principle of exclusive inadmissibility of interference in matters of a private nature;
  • the principle of the unimpeded implementation of any civilian capacity;
  • the principle of free movement of goods not prohibited by law.

Even when analyzing all the presented momentsit is possible to draw certain conclusions about the specifics of legal relations in the civil sector. But the subject of regulation of civilization is a separate institution, which is endowed with structure, subject composition and features of a different kind.

concept and features of civil legal relationship

Civil legal relationship: concept, content, features

Any legal industry regulates the emergingbetween people the process of interaction. In legal theory, this category is called legal relationship. It is a common object for all legal sectors, including civil, without exception. Many scientists see the concept of civil legal 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. Interaction of this kind 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 definitions of the category. For example, civil legal relations are often characterized as regulated by the norms of the current legislation of the relationship between legally equal parties that arise over property, as well as certain intangible benefits.

civil legal relationship concept features elements and types

Signs of the Institute

There is a large number of characteristicmoments that explain the specifics of civil legal relations. It should be noted that this institution operates on the basis of civil principles. Thus, the following features of civil legal relations are distinguished, namely:

  • presence of internal structure;
  • the existence of a subject composition;
  • occurrence on the basis of separate legal factors;
  • complete independence of subjects;
  • limited state regulation, and so on.

As we see, the institution of civil legal relations has a large number of interesting features that distinguish it from related legal phenomena.

Structure of civil relations

Concept and features of civil legal relationshipin each individual case they do not give an opportunity to fully study the institution. Great importance for understanding this civilized phenomenon has its internal structure. In general, the form of civil legal relationship meets the main canons of legal theory. However, the inner essence of the elements is significantly different from many branches. The structure of civil legal relations includes:

  • subjects;
  • objects;
  • content of legal relations.
    concept elements and structural features of civil legal relationship

Classification of the Institute

Thus, the concept and main features of civillegal relations, although they are the main parameters of the assessment of this legal phenomenon, its full essence still does not explain. You can understand the institute through its classification. The bottom line is that civil legal 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:

  • property;
  • non-property.

In turn, each of theClassification species has its own characteristics, and is also subdivided into smaller elements. As a rule, the main criterion for evaluation in both cases is the degree of connection of the subject with any material component.

Property type

Concept, elements and structural featurescivil legal relationship - this, of course, important components of the Institute. However, it is also necessary to consider its species, one of which is the property one. 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 works and services. In this case, the specificity is due to the economic nature of these legal relationships.

If you analyze the current legislation, you can divide the property view into two more elements, namely:

  1. Clerical legal relations - this is a phenomenon that confirms the fact of belonging to a particular subject of material welfare;
  2. Obligatory relations, in turn, characterize the process of transfer of property rights.

Thus, all the above-mentioned points largely explain the key aspects of the first type of the institution considered in the article.

Non-property legal relations

The second kind of the mentioned institute is no less interesting.

concept elements and features of civil legal relations
Scientists systematically study the differentproblems arising in it. Non-property legal relations of a civilian type in this case is a category, the emergence of which occurs on the basis of intangible benefits, which are directly owned by the subjects.

concept of civil procedural legal relations and their features

There are several main groups into which the presented version of the legal institute is divided, for example:

  • relations arising in the author's sphere;
  • relations that arise from the fact of invention and ownership of industrial design rights, utility models, inventions;
  • the relationship of protecting dignity, honor and reputation.

It should be noted that, with the passage of timetime, the non-property type of civil legal 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 the civil legal relationship, as a separate institution, are increasingly integrated into the non-property sphere of the industry.

Specific objects of the Institute

Concept, features and types of civillegal relationship, presented above, provided an opportunity to understand the main points of their existence. But to understand the scope of the institute, it is necessary to analyze the objects to which it directly affects. To the regulated objects to date are the following:

  • movable and immovable property;
  • works and services;
  • intangible goods (copyright related rights, information, etc.).
    concept of content

The concept of civil procedural legal relations and their features

Civilization is a common science and legalsphere for many related industries. An example is the civil procedural law of the Russian Federation. It comes from classical civilization, however, it has characteristics characteristic only of it. Most successfully they are manifested in legal relationships. Given this fact, it is necessary to say that civil procedural legal relations are relations that arise between parties to a specific dispute and directly by the court. Their main feature is that the obligatory participant in all cases is a state person. This fact causes a small share of imperativeness in this kind of relations.

concept and main features of civil legal relations

Conclusion

Thus, we considered civillegal relationship: concept, content, features. The thesis of not one scientist was defended on the basis of the problems of this extremely interesting institution of civilization. Let's hope that in the future, scientists will further modernize it to increase the enforcement practice of the industry as a whole.

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