LawState and Law

Subject of civil law

The subject of civil law can be regarded as an independent branch of law.

Since at the root of civil law is a private phenomenon, it regulates those relations that are based on equality, independence of will and independence relating to property relations, using a dispositive method that includes coordination and decentralization.

The main feature of the equality of participants in civil legal relations is that the parties, while remaining property-autonomous entities, in no way are subject to each other. Neither party has power over the other party, they can only dictate the legal conditions of the relationship.

The sign of autonomy of the will essentially means that the objects of civil law are fully free, concerning the receipt of civil rights and legal obligations. As a rule, they enter into civil legal relations on their own initiative, guided only by their own interests.

The very term of civil law has a number of meanings: civil law as one of the parts of law, namely civil law, and law as a scientific and educational discipline. We will expose the subject of civil law as an independent branch of civil law. Each of the branches is called upon by its norms to regulate those collective relations that include its subject matter. Hence, the subject of civil law is a certain object, to which the force regulating the norms of law is directed. Thus, the uniqueness of a particular branch of law is predetermined by the peculiarity of its subject matter. Civil legislation itself coordinates both property and property-related relations. The immense wealth of those real collective relations that fall under the influence of civil legal norms can be fully expressed in property and non-property relations, although the interpretation of civil law is rather abstract.

If you determine the very essence of property relations, you need to indicate that this is one of several ways of being a willful property relationship, namely, statics and dynamics. They exist in conditions of a well-developed production of goods as a material good, in which all parts are on the same level. As such, property relations, in fact, happen only in the subject of civil law.

The second part, which is the subject of civil law, is its own non-property relations, which, in one way or another, are related to property rights. They are characterized by great diversity and are shown in the most diverse branches of law. Civil constitutional rights that relate to freedom of speech, press, assembly and immunity are non-property rights. Also, non-property personal rights include a significant part of the relationship that is in the system of law, for example, the education of children, divorce, etc., and also in the field of morality and morality. First, non-property rights invariably express a certain individuality of the organization or individual citizen and their evaluation by society. Secondly, if the relationship involves, for example, authorship, literature and art, then they are respectively related to property, and are derived from non-property.

Civil law is divided into separate branches using two criteria: the method and subject of legal regulation. The main criterion distinguishing them is the concept and subject of civil law, by which is meant the circle of social relations, which is standardized by the branch of law. The peculiarity of content and subject of civil law regulation determine the nature and content of relations that are included in the subject of the industry.

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