Virtually any phenomenon is provided by scientists andpractitioners from the point of view of the structural-system method of research. The branches of law in this sense are no exception. Therefore, in science, to facilitate understanding of this area of jurisprudence, a system of civil law was formed.
General concepts
Division of the whole branch of the right to separate elementsis not only a scientific nature, but also practical. From the position of the first approach, the civil law system is a set of 2 main parts - general and special. But the practical division allows you to select from the variety of sources the necessary resources to regulate a certain part of the legal relationship. This can be demonstrated clearly if you study both methods in more detail.
The system of civil law in the light of the scientific approach is divided into the following elements:
- the general part in which can be includedprovisions on subjects, the nature of the civil legal relationship, the objects of the latter, the timing of acting in this area of law and, of course, the protection of civil rights and their legitimate use;
- a special part, which to a greater extentIt is of a practical nature and includes institutions of corporeal, obligatory, hereditary, etc. (they will be discussed in more detail below).
A practical approach divides the entire industry into five main components. So, the institutions of civil law are grouped as follows:
- Property law, which regulates all aspectsoccurrence, change and loss of the rights of subjects to things. The given branch contains concepts about them, ways of their encumbrances, transfer of the property right to things. Some authors divide this part into limited proprietary rights and ownership. This approach causes certain inconveniences, because in fact, "tears" the triumvirate of real rights - use, disposal and ownership.
- The law of obligations appears the mostthe bulk of the civil. This is due to the fact that it includes both relations arising at the will of the parties (contract law) and relations not related to it (obligations from causing harm).
- Inheritance law mediates relations on the transfer of property to certain persons after the death of others.
- Exclusive rights - civil institutionsthe rights included in this part are the "youngest", in fact, their history begins at the end of the 19th century with the conclusion of international acts on copyright and industrial property law
- Protection of personal non-property rights - in this case we are talking about honor, dignity, the right to a name, etc.
The latter approach is not considered official, and most authors prefer to include it in a special part. Therefore, the definition of the phenomenon under consideration can look like this:
The civil law system is a set of institutions, conditionally divided into two components - a common part and a special one, and designed to consider a certain type of private-law relationship.
In this regard, it is necessary to distinguish the system of law from the system of legislation.
The system of civil law and law - points of divergence
The approach in which the system of legislationbecomes a synonym for the system of law, is erroneous. As it was shown above, the system of law is a division of legal relations in strictly defined objects. And the system of civil legislation is always a set of normative acts of law.
So, the system of law as a sourceregulation can operate both by normative acts, and by judicial precedents or customs. In contrast, the system of legislation rests only on sources published by legislative bodies.
Sources of the law system can be acts of trade unions or patronages, and even treaties. For the system of legislation, this is impossible, even if the contract is concluded by Parliament in the private legal sphere.
Thus, in the system of civil legislation it is necessary to include the Constitution, laws and by-laws. This is their main difference from the system of law.
