Civil law. A common part. Concept and principles of civil law. Subject and method of regulation (most important)

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Civil law. A common part. Concept and principles of civil law. Subject and method of regulation (most important)

Lecture notes, cheat sheets

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1. CONCEPT AND PRINCIPLES OF CIVIL LAW. SUBJECT AND METHOD OF REGULATION

Civil law - a set of rules governing property and personal non-property relations arising between citizens and legal entities and based on the equality of the parties, as well as economic independence.

Property relations - relations arising from the possession, use, disposal of various property by the owner or non-owner (purchase and sale, exchange, etc.).

Non-property relations - relations arising from intangible benefits (humiliation of the honor and dignity of a person, etc.).

Principles of civil law - the initial beginnings that determine the essence of civil law, generally binding ideas that characterize civil law as a whole.

The Civil Code of the Russian Federation establishes the following principles of civil law:

1) equality of participants in relations regulated by civil law. This principle determines the equal legal capacity of the participants in relations, the same legal status of all parties involved in civil legal relations, regardless of their role in economic and other activities;

2) inviolability of property. Each subject, duly observing the rules of law, must be sure that his property right will not be violated;

3) freedom of contract - a participant in a civil legal relationship is free to conclude contracts of various nature on conditions that do not contradict the law, and, in addition, is independent in choosing a partner with whom he concludes a contract;

4) the inadmissibility of arbitrary interference by anyone in private affairs - no bodies and citizens have the right to interfere in the affairs of participants in civil law (secrecy of business and personal correspondence, secrecy of telephone conversations, etc.);

5) unhindered exercise of civil rights. Citizens and legal entities acquire and exercise their rights in their own interest and will. Restriction of civil rights is possible only on the basis of the law;

6) restoration of violated rights, their judicial protection. The principle implies the possibility of appealing against decisions, actions (inaction) of public authorities, local authorities, public associations and officials in court;

7) freedom of movement of goods, services and financial resources throughout the territory of the Russian Federation. Authorities and other participants in civil legal relations cannot and must not establish barriers to the movement of goods, services and financial resources on the territory of the Russian Federation.

Subject of civil law constitute property and personal non-property relations regulated by the norms of civil law.

Method civil law - a system of interconnected means, techniques and methods through which civil law relations between participants are influenced. The civil law method is dispositive. This method is characterized by the equality of participants in legal relations, their property independence, as well as the possibility of independent determination by the participants of legal relations of their behavior and the possibility of protecting their violated rights in court (general jurisdiction, arbitration, in arbitration chosen by the parties).

Author: Stepanova O.N.

>> Forward: Civil legislation and sources of civil law. Analogy of law, analogy of law

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