The subject and object is ... Civil legal relations: subjects of civil legal relations
Society can not exist outside the relationship. Therefore, all the connections between people, organizations, the state, established in the course of their joint activities, should be resolved. Legislative norms define social relations as civil, most of which arise by mutual agreement. The subject and the object are the inalienable participants of this process.
The essence of civil legal relations
To fully understand the notion of civillegal relations should be understood with its base, to reveal legal mechanisms and to define a place in system of legal relations. In the generally accepted definition, emphasis is placed on actual relationships. Thus, the legal specifics of relations are not fully disclosed.
Legal relations are legal relations,which arise on the basis of legality, and their participants have mutual legally justified rights and obligations. From this point of view, the subject and the object are the participants in the relations whose behavior is regulated by the rules of law.
Characteristics of civil legal relations
Civil legal relations are defined as a linkindividual character, arising on the basis of the right between persons in the course of realization of any benefits. Such relationships are characterized by the existence of subjective rights and duties, regulated by law and guaranteed by the force of coercion from the state. The form and the actual essence of the legal relationship are inextricably linked.
The basis is the unity of duties and rightsall participants in the relationship, as well as their general willful orientation towards achieving certain goals and satisfying their interests. In addition, the strong-willed character is expressed in the manifestation of individual desire on the part of the participants in the relationship, which arises and is realized on the basis of mutual actions (contracts). Its purpose is to establish, change or terminate legal relations.
Being a form of actual relations, civillegal relations have their own legal content. An inseparable connection unites the subject and the object. The rights of the former in this case are provided by the norms of the law.
Features of civil legal relations
Relationships lying in the plane of property andcertain personal non-property interests are regulated by civil law. This causes certain features that characterize civil legal relations:
- The subjects of civil legal relations are separated in property and organizational terms. Accordingly, they are independent, separate, independent.
- Equality of participants, provided by legal means and means, is an integral part of the relationship.
- Freedom and independence of participants. At the same time, the dispositive nature of the will has civil law regulation.
- The implementation of civil legal relations is guaranteed by legal norms. Moreover, the penalty for violation or non-fulfillment of obligations is of a property nature.
The structure of civil legal relations
Any legal relationship has its ownuniting structure. Content, subject and object are the main elements. In addition to this generally accepted point of view, some lawyers propose to isolate the actual (actual) behavior of the subject.
Subjective rights and duties
In fact, the content of civil legal relations is the rights and duties of its participants. From the legal point of view, one side is considered to be empowered, the other is obliged.
The measure of a person's permissible behavior in the processcivil legal relationship - this is his subjective rights. The subject can take advantage of potential opportunities within the limits provided by law. The list of rights by which the subject is secured is called eligibility. There are three groups of powers:
- the eligible requirements to the other party for fulfillment of obligations;
- right to own legally valid actions.
- the power to defend (imply a request to the court for the purpose of restoring the violated right by means of coercive measures).
The presence of all the powers is not obligatory in one legal relationship.
A measure of proper behavior within civillegal relationship is a subjective element. Its essence of restrictive nature is expressed in the need to perform some actions or, on the contrary, to refrain from them. Allocate duties of the passive type (prohibitory) and active (inducing).
Object of civil legal relations
What is the cause of the relationship is defined as objects. Subjects of legal relations have certain rights and duties. The following division is accepted:
1. Non-property objects.This includes intellectual property, information, personal non-property benefits (business reputation, dignity and other).
2. Property objects.In civil law, this includes both specificthings, and the totality of various material goods. In addition, the property rights include a set of certain rights and obligations (debt obligations, inheritance).
The thing as an object of civil legal relations
The Civil Code defines a thing asa set of various items of material nature, in respect of which civil legal relations may arise. The law establishes the rights and obligations that the subject possesses. The object of activity can be acquired, used and alienated. This order is called the legal regime of things.
Categories of things in accordance with the Civil Code:
- movable and immovable;
- divisible and indivisible;
- simple and complex;
- Limited and unlimited in circulation;
- possessing signs of individuality;
- having birthmarks.
The subject of civil legal relations
The concept of "subject" includes the totality of persons who participate in the legal relationship. It can be:
- legal entities;
- state (acts in the person of local government bodies, subjects of the federation or federal bodies).
There is a certain lever of influence,which the state possesses, acting in civil legal relations as a subject. The object of management in this case is defined as the third party of legal relations, that is, a physical or legal person endowed with rights and duties in the field of executive power.
Any subject of legal relations must possesslegal personality, which is established, changed, terminated solely on the basis of the law. Article 9 of the Civil Code states: "Citizens and legal entities at their own discretion exercise their civil rights." Legal personality includes such concepts as legal capacity and legal capacity.
Civil legal capacity is due toobligatory presence of civil rights and fulfillment of duties. It arises at the moment of birth and is integral throughout the life of a person. A priori, all citizens of the Russian Federation have equal legal capacity, the restriction of which is provided exclusively on legal grounds.
Civil capacity is the ability of a personindependently acquire, exercise their rights, create civil duties and fulfill them. From the point of view of civil law, the most significant elements of legal capacity are two possibilities:
- Dealability is an independent conclusion of transactions;
- delictuality - the ability to bear property liability for the harm caused.
A distinctive feature of the legal capacity is the obligatory achievement by the citizen of the necessary level of mental maturity and mental development.
The subject and the object are the participants of legal relations. The reason for the emergence, termination or change of these relations is a concrete life circumstance, regulated by the rules of law and called a legal fact.
Article 8 of the Civil Code regulates the grounds for the emergence of civil rights and obligations:
- from contracts and transactions that do not contradict the law;
- by the decisions of the meetings provided for by law;
- on acts of an administrative nature;
- by decisions of the court;
- as a result of causing harm to another person;
- as a result of other actions by legal entities and individuals.
Importance of the Civil Code
The fundamental significance of the Civil Code, which regulates legal relations, is manifested in the fact that all other acts containing civil-law norms must comply with its provisions.