Civil law. Parts I, III and IV. The concept of civil law (CL) (the most important)

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Civil law. Parts I, III and IV. The concept of civil law (CL) (the most important)

Lecture notes, cheat sheets

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1. THE CONCEPT OF CIVIL LAW (GP)

GP - a set of legal norms regulating property and personal non-property relations in order to implement the legitimate interests of the subjects of the state enterprise and the optimal organization of economic relations in society.

GP subject - public relations of two types: property relations - cost relations (having a commodity-money form; which have an inherent economic content) and personal non-property relations (they lack economic content).

Property relations arise in the process of production of material goods, as well as their distribution, exchange and consumption. Among property relations, the legislator highlights entrepreneurial relations (Article 2 of the Civil Code), which are characterized by: focus on systematic profit; independence and riskiness of actions of subjects; the need for state registration of entities as entrepreneurs.

GP method - a way of regulating public relations by this branch of law: it is a system of specific techniques with the help of which the rules of behavior of participants in public relations are established. The GP method assumes: equality of participants in civil law relations, autonomy of their will and property independence of these participants; restorative protection of civil legal relations; compensatory civil liability.

GP principles - the main ideas of this branch of law: equality of the legal regime of subjects of civil law; inviolability of property; freedom of contract; inadmissibility of arbitrary interference in private affairs; unhindered exercise of rights and protection of violated rights.

Functions of the GP as a branch of law - tasks that it performs in society. GP functions: regulatory; protective; transforming property and non-property relations in society as a whole.

The GP system as a branch of law - the unity of its interconnected sub-sectors and institutions.

Legal Institute - this is a set of norms that ensure the regulation of an independent group of legal relations (for example, housing legal relations are regulated by the norms that form housing law).

SOE sub-sector - this is a combination of several institutions that have their own subject and method of regulation (for example, the sub-branch "property rights", which includes legal norms governing the rights of owners and property rights of non-owners).

GP divided by two parts: general and special. The norms included in the general part are relevant for all sub-sectors included in the special part. In this way, GP system: General part (introduction to the GP (the concept of a branch of law, subject matter, method, principles, system, sources), civil relations, the exercise and protection of civil rights) and Special part (property law, law of obligations, legal regulation of the results of creative activity (intellectual property), inheritance law).

>> Forward: Correlation of civil law (GP) with other branches of law. HP as a science and academic discipline

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