Общество не может существовать вне отношений.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.
To fully understand the concept of civillegal relations should deal with its base, identify legal mechanisms and determine the place in the system of legal relations. In the conventional definition, emphasis is placed on actual relationships. Thus, the legal specificity of the relationship is not fully disclosed.
Legal relations are legal relations,which arise on the basis of legality, and their participants have mutual legally grounded rights and obligations. From this point of view, the subject and the object are participants in relations whose behavior is governed by the rules of law.
Civil relations are defined as communicationindividual character arising on the basis of law between persons in the course of the realization of any benefits. Such relationships are characterized by the presence of subjective rights and obligations regulated by law and guaranteed by the force of coercion by the state. The form and the actual essence of legal relations are inextricably linked.
The basis is the unity of duties and rightsall participants in the relationship, as well as their general volition towards achieving certain goals and meeting interests. In addition, volitional character is expressed in the manifestation of individual desire on the part of the parties to the relationship, which arises and is realized on the basis of mutual actions (contracts). His goal is to establish, change or terminate legal relations.
Being a form of factual relationship, civillegal relations have their own legal content. The unbreakable link unites subject and object. The rights of the first in this case are provided by the norms of the law.
Relations that lie in the plane of property andcertain personal non-property interests are governed by civil law. This causes some features that characterize civil law relations:
Any relationship has its ownunifying structure. Content, subject and object are the main elements. In addition to this generally accepted point of view, some lawyers propose to single out the real (actual) behavior of the subject.
In fact, the content of civil legal relations are the rights and obligations of its participants. From a legal point of view, one party is considered entitled, the second - obligated.
The measure of the subject's permitted behavior in the processcivil legal relationship - this is his subjective rights. The subject may take advantage of potential opportunities within the limits provided by law. The list of rights that a subject is provided with is called competencies. There are three groups of powers:
The presence of all powers is not obligatory in one legal relationship.
Measure of due conduct in civilrelationship is a subjective element. Its essence of a restrictive nature is expressed in the need to perform any actions or, on the contrary, to refrain from them. Allocate duties of the passive type (prohibiting) and active (encouraging).
What is the cause of the legal relationship is defined as objects. The subjects of legal relations have certain rights and duties. The following division is accepted:
1. Non-proprietary objects. These include intellectual property, information, personal non-proprietary benefits (business reputation, dignity, etc.).
2. Property objects. In civil law, these includethings, and the totality of various material goods. In addition, property rights include an aggregate of certain rights and obligations (debt obligations, inheritance).
Civil Code defines a thing asa set of various items of a material nature in respect of which civil law relations may arise. The law establishes the rights and obligations possessed by the subject. 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:
The concept of "subject" includes a set of persons who participate in legal relations. It can be:
There is a certain leverage,possessed by the state, speaking in civil matters as a subject. The object of management in this case is defined as a third party of legal relations, that is, an individual or legal entity endowed with rights and duties in the field of executive power.
Any subject of legal relations should havelegal personality, which is established, modified, terminated solely on the basis of the law. Article 9 of the Civil Code of the Russian Federation states: "Citizens and legal entities at their discretion exercise their civil rights." Legal personality includes such concepts as legal capacity and capacity.
Civil legal capacity duethe presence of civil rights and duties. It occurs at the time of birth and is integral to 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.
Гражданская дееспособность – это способность лица independently acquire, exercise their rights, create civic duties and fulfill them. From the point of view of civil law, the most significant elements of legal capacity are two possibilities:
A distinctive feature of capacity is the obligatory achievement of the required level of mental maturity and mental development by a citizen.
The subject and the object are participants in legal relations.The reason for the emergence, termination or change of these relations is a specific life circumstance, regulated by the rules of law and is called a legal fact.
Article 8 of the Civil Code regulates the grounds for the emergence of civil rights and obligations:
The fundamental significance of the Civil Code regulating legal relations is manifested in the fact that all other acts containing civil law norms must comply with its provisions.
