Civil-legal relations

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2018-03-21 20:25:08

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The Civil legal relations – property or connected with property personal non-property relationship, regulated by civil law. Participants of such legal relations can be only the bearers of the civic responsibilities and rights. Compared to other social relations, they are distinguished by a specific method. It is based on the equality of the parties.

Almost always a civil legal relationship is established it is the will of all parties. Treaty – a typical Foundation. Sides are equal, and therefore have the right to demand from each other not only what is supposed contract, but by law. If the equality is lost – relationships cease to be civil.

The Subjects of civil relations are different. It's citizens, and stateless persons, and citizens of any other States. Also, they can be any legal persons, municipalities, the Russian Federation, its constituent entities.

Under the object, in this case it is necessary to understand the behavior of actors, aimed at various tangible and intangible benefits.

Subjective civil law is based on three powers:

- power on its own action, which refers to the possibility of self-committing significant legal actions;

- on requirement, which refers to the ability to require all obliged entities duties;

- protection, which refers to enforcement measures, coming in the case of default. Measures can be taken serious enough. The case may move into the category of criminal.

Only the Federal laws can limit the rights of subjects of these relations.

Subjective civil obligation is a proper behavior of participants of such legal relations. It's about the fact that the subjects must refrain from any action or commit it. To distinguish the subjects of passive and active type.

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Civil law relations in specific and the fact that all parties in most cases and have rights and bear obligations. Both occur at the same time. There are, of course, and those in which each party assumes only the duties or only rights.

Types of civil legal relations are different. In principle, the division can be produced for a variety of reasons. Most often, such a basis is how these relationships affect public relations. We are talking about property relations, and the relations of moral.

In the first case, we assume that the object is material wealth, which belongs to a particular person. We can talk about recognition of property rights, the transfer of this wealth and so on.

In the second case it is reduced to results of intellectual activity, but also to what is associated with intangible benefits in the type name, business reputation, authorship and so on.

The Relationship of the possessor of rights by third parties may also be the basis of division. In this case, legal relations can be absolute or relative. In the first case as opposed to the entitled person number of third parties is uncertain, in the second – it is opposed by a person specific.

In principle, this division is rather conditional. The point is that in relationships it is often possible to observe elements of both simultaneously. About it should not be forgotten.

Another cause of division is the “stage of life” things. Civil legal relations in this case can be obligatory or in REM. First met through any action of the person obliged, the second – due to the interaction with the thing.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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