Relations governed by civil law are represented by a huge variety. Moreover, this group is the subject of GP.
Classification
Многие задаются вопросом:"What relationship does civil law govern?" First of all, the first group is material relations arising from material wealth. This means that such objects must have a certain materialized form.
Other rights are personalnon-property relations governed by civil law. Here the subject is already intangible items, such as poetry, literature, images, and so on.
Signs of legal relations
The above relations regulated by civil law unite a number of the following features:
- Equality - shows the single meaning of each group in front of the law.
- The autonomy of the will - the question of entering into such legal relations is voluntary.
- Property autonomy of participants - legal relations arise both between individuals and between legal entities. Each of them has equal rights and duties.
Civil law governs the relationships thatarise between two or more subjects. In addition, if any kind of relationship does not contain the above signs, it does not apply to the subject of this branch of the law.
Subspecies of property and non-property relations
Material legal relations are divided into the following types:
- Those that are related to things that belong to a particular person.
- Возникающие между двумя и более лицами (например, make a deal). This group also includes agreements on the right of operational management and documents defining the obligation to transfer property.
Personal relationships have the following subspecies:
- Associated with property. In the Civil Code of the Russian Federation there are provisions on exclusive rights, which belong to the said classification group.
- Relations governed by civil law, not subject to alienation. The clearest example of this type is copyright, which, regardless of life or death, belong to one person.
Any violation of the above rights isa solid basis for filing a lawsuit in court. The authority has the right to apply certain pre-trial sanctions to the violator, for example, in the case of a violation of substantive law, the court may order the seizure of property.
Material Relations: General Characteristics
The predominance of property relations in the GP is notin doubt. This group makes up a large part of the subject of GP. And all this is due to the fact that it develops in connection with specific material benefits, the subject of which are materialized objects or the result of the performance of work or the rendering of a service. It is also important to mention the presence of a commercial nature. Despite the absence of a hard shell, they belong to the category of material relations. Thus, a bank deposit is not an opportunity to dispose of a certain amount of money, but the right of their demands from a bank.
Property categories are distinguished in a separate category.relationship about the provision of works and services. The materialized result is also not a prerequisite for the emergence of the above-mentioned type of legal relations. A vivid example of this is the services of transportation and storage of goods, paid cultural and entertainment events, haircuts and so on. However, the final result of the work still has a commodity form.
The existence of property relations in nature
Civil relationslegislation is not one of the theoretical or legal categories. By their normative nature, legal relations are actually real relationships between people that are taking shape in society. And this category includes those legal facts, the regulation of which is present in civil law. It is known that most personal relationships are not subject to legal control.
Due to the presence of property relations in modern society, the market organization of economic activity - both the state and private or state persons - finds its application.
In this case, a vivid reflection of this area arerelationship between business entities. Buying, selling, exchanging, as well as other processes of transferring material goods transform any relationship into real action.
Symptoms
Property relations governed by civil law are characterized by the following features:
1. Property isolation and independence of participants
This means that when concluding a statecontract between the authorities and the legal entity representatives of the institution will not enjoy any privileges. It should be noted that the use of power to influence the decisions of the other party to a civil contract is an offense.
2. Onerous nature
There are a number of exceptions, but the majority of material relations are of a form equivalent to compensation. It is characterized by a real exchange of goods and cash.
3. Participants, regardless of gender, age and social status, have equal rights and duties.
general characteristics
As stated earlier, one of the categoriescivil law are personal non-property legal relations. This category is inextricably linked with the creation and mainly the use of intellectual achievements and creativity. If you specify this category, then this includes:
- works of science;
- works of art;
- heterogeneous inventions;
- unique industrial designs;
- programs for electronic computers and so on.
Features of non-property relations
Главная черта, которая определяет категорию relations as personal rights, consists in the absence of a material result of activity. Yes, it was possible to assign another civil branch to this category - services ... However, the second feature is affected here: intellectual property objects represent an idea, an image, a symbol, as well as other forms of mental activity.
Any intellectual expression is inextricablyIt is connected with the creator or their bearer, for example, only Pushkin A. S. is the author of well-known verses, and not a single person is able to rob him of this right. But the logo of Coca-Cola is the property of the well-known soda logo. If a legal entity engaged in entrepreneurial activity allows itself to release a product under the same logo without concluding a franchise agreement, it will bear full administrative or criminal responsibility, it does not matter where it will be - on the territory of Russia or outside its borders, because the state is civil the law governs property relations and related personal ones.
