Table of contents (expand)
- The concept and principles of civil law. Subject and method of regulation
- Civil legislation and sources of civil law. Analogy of law, analogy of law
- Civil legal relations: concepts and types
- Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship
- Location. Recognition of a citizen as missing and declaration of a citizen as dead
- The concept of a legal entity. Creation and termination of legal entities
- Classification of legal entities
- The concept and forms of business partnerships and companies
- Limited Liability and Additional Liability Companies
- The concept and types of joint-stock companies
- production cooperatives. Liquidation of production cooperatives
- Consumer cooperatives
- The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity
- State and municipal unitary enterprises
- Nonprofits
- Branches and representative offices of legal entities
- Objects of civil legal relations
- Money and securities as objects of civil rights. Types of securities
- Results of creative activity. information. Works. Services
- Intangible assets and their protection
- Concept, types and forms of transactions
- Conditions for the validity of transactions. Invalid transactions and their types
- Representation: concept and types. Power of attorney
- Terms: concept, calculus and types
- Limitation period: concept and types. The running of the statute of limitations
- Grounds for the emergence, change and termination of civil rights and obligations
- Protection of civil rights: concept, methods
- Property rights: concept, forms, types. Contents of property rights. Purchase methods. Termination of ownership
- Ownership of citizens and legal entities
- The right of state and municipal property
- Common property right: concept and types
- Real rights to land: concept and types. Real rights to own and use other people's land plots. easement
- Ways to protect the right of ownership and other property rights. Vindication and negator claims
- Contract: concept, content, types
- The procedure for concluding, amending and terminating the contract
- Obligations: concept, content, types and grounds for occurrence
- Fulfillment of obligations: concept, principles, parties, types
- Penalty and retention as ways to ensure the fulfillment of obligations
- Pledge as a way to secure an obligation
- Bank guarantee and guarantee as ways to ensure the fulfillment of obligations
- Civil liability: concept, forms, types
- Change and termination of obligations: concept, grounds, methods
26. GROUNDS FOR ORIGIN, AMENDMENT AND TERMINATION OF CIVIL RIGHTS AND OBLIGATIONS
Civil law - a measure of the possible behavior of the subject.
civic duty - a measure of the proper behavior of the subject. Civil rights and obligations give rise to, change or terminate civil legal relations.
For the emergence, change and termination of civil legal relations, the occurrence of certain circumstances, called civil legal facts, is necessary.
Civil Legal Facts - circumstances with which normative acts associate certain legal consequences: the emergence, change and termination of civil legal relations. The basis for the emergence of civil rights and obligations can be either one legal fact or several.
Grounds for the emergence of civil rights and obligations:
1) from contracts and other transactions provided for by law, or from contracts and other transactions that are not provided for by law, but do not contradict it;
2) from acts of state bodies and acts of local governments, which are the basis for the emergence of civil rights and obligations;
3) from court decisions establishing civil rights and obligations;
4) as a result of the acquisition of property on grounds permitted by law;
5) as a result of creation of works of science, art, literature, inventions and other results of intellectual activity;
6) causing harm to another person (moral or physical);
7) unjust enrichment;
8) events with which the law or other normative act connects the onset of civil legal consequences;
9) other actions of citizens and legal entities. Legal facts can be classified into events and actions. Events arise, proceed and stop regardless of the will and consciousness of a person (natural disasters, natural phenomena, death, birth). Action - an act of will, the result of people's behavior (for example, making a deal).
Actions are divided into:
1) legitimate - do not contradict the law and other regulations;
2) illegal - on the contrary, they contradict the requirements of the law and other regulations. According to their legal meaning, actions are divided into:
1) legal acts - lawful actions that give rise to civil law consequences, regardless of the intention of the person who committed the legal act;
2) legal acts - lawful acts that give rise to appropriate legal consequences only when they are committed with the intention of causing these consequences. Legal acts are administrative acts and transactions.
Administrative acts can be carried out both for the occurrence of relevant administrative and legal consequences, and for causing civil legal consequences (issuance by the local administration of an order for a dwelling).
Administrative transactions committed only to cause civil consequences. Thus, legal facts in civil law can be classified into events and actions; legal and illegal actions; legal acts and legal acts; administrative acts and administrative transactions.
Author: Stepanova O.N.
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