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Civil law. Parts I, III and IV. Subjective civil rights and obligations. Exercise of subjective civil rights (most important)

Lecture notes, cheat sheets

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29. SUBJECTIVE CIVIL RIGHTS AND DUTIES. EXERCISE OF SUBJECTIVE CIVIL RIGHTS

The content of civil legal relations is the subjective rights and obligations of participants in civil legal relations.

Subjective civil law - measure of permitted behavior of the subject of civil legal relations; consists of legal possibilities called entitlements.

Types of powers: the authority of the claim; the right to own actions; powers of defense.

Subjective duty - a measure of proper behavior of a participant in a civil legal relationship; is reduced to the performance by the subject of certain actions or to abstaining from them.

Grounds for the emergence of civil rights: from transactions; acts of state bodies and local governments; court decision; as a result of the acquisition of property; as a result of the creation of objects of intellectual activity; as a result of causing harm to another person; due to unjust enrichment. It is necessary to know when the right arose and when it will end (the right of ownership of the property arises from its acquirer, as a rule, upon the transfer of this property, but the right of ownership of real estate arises from the moment of state registration of the relevant transaction).

Implementation of subjective civil law - implementation by the authorized person of the opportunities contained in this right. It can be personal or through a representative.

Ways to exercise subjective civil rights. Actual - actions that do not give rise to legal consequences (for example, the owner of a land plot using it to grow vegetables); legal - actions that give rise to legal consequences (for example, concluding transactions, in particular, accepting an inheritance).

Subjective rights must be exercised within certain limits: within certain time frames, forms, certain means of protection and according to certain rules.

Rules for the exercise of subjective civil rights

1. The exercise of civil rights occurs by performing actions or refraining from performing them.

2. Citizens and legal entities exercise their rights at their own discretion and in accordance with their interests.

3. The refusal of the subject from the right belonging to him does not entail the termination of this right, and sometimes does not have legal force.

Limits of exercising subjective civil rights.

Subjects of civil law are obliged: exercise civil rights in accordance with their purpose; not violate the rights and legitimate interests of other persons; not allow actions carried out solely with the intent to harm another person; not allow actions that restrict or eliminate competition; act reasonably and in good faith; observe the norms of morality and other norms accepted in society, etc.

abuse of right - actions of subjects of civil legal relations, committed within the framework of the rights granted to them, but in violation of their limits.

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