/ / Relationship of civil law with other branches of law: description, examples and functions

Correlation of civil law with other branches of law: description, examples and functions

Interaction between people is difficultprocess requiring constant regulation. This thesis was derived in ancient times, when states were just beginning to form as 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 activity can only be carried out if there is an effective regulator of social relations. Those today are right.

The whole legal system is divided into variousbranches, each of which influences the homogeneous legal relations arising between certain subjects. If we take into account specifically the Russian Federation, then in our state 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 spheres of regulation of public relations is of great interest in the scientific community. Therefore, we will consider this aspect in detail later in the article.

correlation of civil law with other branches of law

The notion of civil sphere

Before considering the ratio of civilrights with 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 most because it is very closely connected with the daily life of all citizens of Russia. The doctrinal concept describes civil law as a set of specific legal norms that govern non-property relations, as well as all property relations related to them. The industry belongs to the private sphere of the legal system.

correlation of civil procedure with other branches

Industry history

It is worth noting that civil law wascreated by lawyers of ancient Rome. For 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. In the period of the formation of the Russian Empire, the state required an effective mechanism for coordinating the obligations of relations. Such, as we understand, was civil law. From that moment begins the rapid development of the industry.

Object composition of civil law

Any legal branch of regulationsocial 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 something that is why sectoral legal relations actually 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 provision, relations in the presented regulatory sphere may arise about:

  • things (movable, immovable property, land, water objects, consumable items, etc.);
  • property rights;
  • various kinds of works and services.

Одним из наиболее специфических объектов на Today are the results of human intellectual activity. In theory, a category is called intellectual property. The object is a certain result of the creative, author, scientific and other work of man.

correlation of civil procedure with other branches of law

As for the legal relations of the civil industryrights, they are based on equality, autonomy of the will and independence of all subjects without exception. In other words, the process of interaction of the parties in the framework of the presented scope of regulation is based on the principle of disposition.

The role of the industry in the legal system

Civil law matters notonly in the context of regulating certain relations, but also within the framework of the entire legal structure of the Russian Federation. In this case, we are talking about a unique relationship between civil law and other spheres. The correlation of civil law with other branches of law has long been disputed by scholars. The very possibility of interaction between the industry, which belongs to a private element of the system, was denied. But due to the rapid dynamics of the development of legal relations of all kinds, the ratio 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 problematic, but even in countless theories one can reveal the most classical statement. According to him, civil law relates to the following sectors, namely:

  • family and work;
  • financial;
  • administrative;
  • economic.

To understand the principles and essence of the interaction, it is necessary to consider each block presented separately.

The ratio of civil to labor and family law

On the independence of the family industryRegulatory scientists have argued for many years. Contrary to many progressive views, it is part of civil law, although it has its own legislative base. This trend originates from the time of Ancient Rome. In the civil law of that time, the family and civil branches were inseparable. The point is that the civil sphere establishes provisions on the autonomy of each subject, the large role of his honor, dignity, reputation, etc. The institutions represented in many respects passed into family law. In addition, this industry is based on the principle of minimal intervention by the state in the process of regulating relations, which also came from civil law.

correlation gpp with other branches of law

The labor industry is in some way similar tocivil law. However, the principle of autonomy and equality of the parties is currently violated in labor law. The current legislation establishes a large number of priority provisions directly to the employer. However, civil law helps many people to defend their independence in a relationship of a particular nature.

correlation of civil procedural law

The ratio 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 belong to the first element, and civil law - to the second. It would seem that the ratio of the industries represented is, in fact, impossible. However, administrative law is associated with a civil subject matter of regulation. After all, the first industry coordinates relations between various subjects through binding regulations.

notion of civil procedure law functions
This kind of imperative decrees can beto meet and in civil law, where they are present in small quantities. As for the relationship 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 on the basis of 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, some kind of obligation, etc.

Commercial and civil law

Another controversial point is the ratioentrepreneurial industry and civil law. Both areas of regulation relate to a private element of the legal system. At the same time, it was in civil law that the foundations of entrepreneurship emerged as an independent and specific activity. Subsequently, the economic sector was separated from civil law due to the emergence of its own subject, method and principles. Of course, the section was also influenced by the significant development of relations in the field of entrepreneurship.

concept of civil law interaction with other industries

The concept of civil procedural law. Functions

It should be noted that the specifics of civilizationimplies a major role of the court in resolving certain disputes arising in the framework of the presented sphere. This fact led to the emergence of civil procedural law. This industry is a set of legal norms that regulate relations arising between the courts and other parties to the proceedings. The main functions of the civil process include the following activities, namely:

  • streamlining the administration of justice;
  • ensuring equality of arms in civil matters;
  • consolidation at the regulatory level of the fundamental rights of the parties and the courts.

Correlation of civil procedural law with other sectors

Все существующие на сегодняшний день юридические regulatory areas interact with each other. From here it is possible to distinguish the ratio of civil procedure with other branches of law. The process most closely interacts with the following industries:

  • civil law;
  • economic procedural law;
  • family sphere.

The ratio of the GPP with other branches of law is carried out on the basis of the possibility of the consideration of certain disputes in the procedure of civil proceedings.

Conclusion

Итак, мы рассмотрели понятие гражданского права, interaction with other sectors of the regulatory sphere and its other features. It is worth noting that civil law is today at the stage of a new round of reform. Therefore, a complete transformation of civil law institutions known to us is soon possible.