What is civil law?

Any developed legal system has such an integral part as "civil law". What is this term? It has a century-long history. In fact, civil law is the degeneration of Roman civil law. Today the above term can be deciphered as "the right of citizens". This is due to the fact that it is the norms of civil law that are the basis for resolving disputes between non-property and property relations.

The bottom line is that the basis of this kind of relationship is the will of their participants. People decide for themselves whether to sign a contract, take on certain duties and so on. In this case, everything is based on complete equality of the parties. Civil law regulates those social relations, in which people enter for their own, that is, private interests. The state should see to it that people properly perform the duties that they endow themselves, do not encroach on someone else's property or any non-material goods, and so on.

Civil law gives its participants a broad autonomy, that is, the opportunity to choose the most appropriate variant of behavior everywhere and everywhere.

Property relations in themselves are very diverse. Not all of them are amenable only to civil-law regulation. As an example, it can be called that budgetary and tax property relations can not be built on equality of the parties. Here, everything is based not on the private, but on public law (one of the parties is the state).

The above equality of the parties is indeed the most significant side of civil and legal relations. The imperious subordination of one side to the other is simply impossible. With the loss of equality, public relations immediately lose the status of civil law. This, of course, is not about the economic similarity of the parties, but about the similarity of the formal and legal.

What is so important is the autonomy of the will? The fact is that it is precisely the means that makes the private legal sphere self-regulating. Only with its presence, people can freely enter into any civil-law relations. The decision to join them is always taken independently - that is, on the initiative of one's own, and not of someone else's. People themselves decide how to use it, obtained on the basis of certain legal facts.

Civil law implies that the participants of the norms of relations arising on its basis are property-wealthy. This provision is explained by the fact that property relations can not arise without a specific segregated property. Participants in civil law relations should be able to independently dispose of it, determine its fate.

Of course, civil law regulates certain non-property relations. Some of them have a direct connection with property, and others do not have it at all. What can be attributed here? First of all, we should mention the diverse interests of the human person. It is about the individual image, dignity, honor, privacy of correspondence, personal life, bodily integrity and so on. We will classify here the interests of people who create intangible goods (works of art, science, technology, etc.).

Participants in civil law relations are not only individuals. It is important that legal persons also belong to this category. The organizational-legal form does not matter. Let's note only that when considering a case in a civil court, one of the parties must necessarily be a physical person. Otherwise (both parties are organizations), the case will be referred to the arbitration court.