The concept of civil law

The concept of civil law is quite multifaceted. First of all, this term is considered as a branch of legal science. In this case, the concept of civil law is a set of norms that are aimed at regulating property, as well as related personal non-property relations. These relations are based on the autonomy of will, equality, property independence of all parties, as well as (in cases provided for by the existing law) on the subjection of some participants to the authority of others. The concept of civil law provides for the existence of norms that ensure the protection of inalienable freedoms and human rights, as well as other intangible goods. The main features that characterize this branch of science are its method and subject.

The concept of civil law is considered as a system of acts that contain relevant norms, as well as science, which is a system of certain knowledge about civil law processes, and activities aimed at generating new knowledge.

This discipline includes general and special parts. The general part deals with issues that concern all or most of the relations governed by the provisions of civil law. A special part covers issues that relate to certain property relationships. At the same time, the concept of obligation in civil law is often considered .

As a subject of this discipline, three categories of relationships are distinguished. The first relates to property relations. They are the main group that is subject to regulation by the norms of the law in question. Property relations are related to property related to property, to the results of intellectual activity, and also formed in accordance with the terms of contracts, agreements and other.

The second category includes non-personal personal relationships arising in connection with property relations. To this category, for example, relate the authorship to the scientific, literary work, invention, the result of intellectual activity.

The third category includes personal relationships, not related to property. They have no material content and can not be estimated in quantitative (monetary) terms. In addition, such relations belong to a citizen from birth and have a connection that is inseparable from the identity of the carrier, and therefore can not be transferred to another person.

Relationships in the third category do not regulate civil law. However, its norms provide for their protection. In particular, the protection of freedom and the rights of the people, health, honor, dignity, personal integrity, business reputation, honest name, family and personal secrets, choice of place of residence or residence, etc. is ensured.

As the subject is considered and the set of entrepreneurial relations. Entrepreneurial activity is considered independent, committed at its own risk and focused on the systematic receipt of income.

Forms expressing the provisions and norms, which together form the legal industry under consideration, form the concept of sources of civil law. They are divided into customs and regulations.

The legislation of the Russian Federation includes legal acts of legislative and executive bodies, which are based on the initial principles of legal discipline in general. They are enshrined in the Constitution and reflect the principles of the existing economic system.

The Supreme Law of the State is vested with the supreme legal force. It is in the Constitution that all the fundamental principles of all legal branches, including civil law, are gathered.