Table of contents (expand)
- The concept of civil law (GP)
- Correlation of civil law (GP) with other branches of law. HP as a science and academic discipline
- Sources of civil law (GP). civil law
- Operation and application of civil law (CL)
- The concept and structure of civil legal relations (GP). Types of civil legal relations
- Grounds for the emergence, change and termination of civil legal relations
- The concept of subjects of civil legal relations. Citizens as subjects of civil legal relations
- Restriction of legal capacity of citizens
- Legal entities as subjects of civil legal relations
- Creation and termination of a legal entity (LE)
- The state as a subject of civil legal relations
- Business companies
- Business partnerships
- Production cooperative
- Unitary (state and municipal) enterprises. Non-Profit Organizations
- Objects of civil legal relations and their types
- Concept, definition and classification of things
- Securities as objects of civil legal relations
- The concept of a transaction and types of transactions
- Form of transactions
- Invalid transactions
- Types of invalid transactions
- The concept and meaning of representation
- Grounds for the emergence and types of representation
- Power of attorney
- The concept and types of terms
- Limitation period, the beginning of the limitation period
- Break, suspension, restoration of limitation periods
- Subjective civil rights and obligations. Implementation of subjective civil rights
- Civil liability, its types and significance
- Civil liability: grounds for occurrence and release
- Forms and sizes of civil liability
- Real right, property, property right
- Types of property rights. Grounds for the emergence and termination
- Right of private property of citizens
- Right of private property of legal entities
- State property right
- Municipal Property Law
- The concept of inheritance
- testamentary succession
- Legacy Inheritance
- The procedure for acquiring an inheritance. Discovery and protection of inheritance
- Acquisition of an inheritance
- Features of inheritance of certain types of property
- Legal regulation of common and shared property
- Legal regulation of joint ownership
- Real rights of persons who are not owners. Rights of persons who are not owners of land plots
- The right of economic management and operational management of property
- easement rights
- Civil law ways of protecting property rights. Vindication and negator claims
- Concept of obligation
- Commitment Structure
- Classification of obligations
- The concept and meaning of the contract
- Content and form of the contract
- The concept, methods and meaning of termination of obligations
- Features of individual methods of termination of obligations
- Ensuring the fulfillment of obligations. forfeit
- Pledge, retention, guarantee
- Bank guarantee. Deposit
- The concept of intellectual property
- The concept of exclusive right
- The main novelties of part IV of the Civil Code of the Russian Federation
- Disposition of the exclusive right
- Copyright concept
- Types of copyright objects
- Subjects of Copyright
- Subjective copyright. Exclusive rights
- Other property rights
- Personal non-property rights of the author
- Patent Law
- Means of individualization
3. SOURCES OF CIVIL LAW (GP). CIVIL LEGISLATION
Sources of GP - a form of consolidation (external expression) of civil law norms.
Types of GP sources: Civil Code of the Russian Federation and federal laws of the Russian Federation regulating civil law relations; by-laws containing the norms of the Civil Code (decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, normative acts of other federal executive bodies; normative acts of the USSR and the RSFSR; business practices; norms of international law and international treaties. They are not considered sources of the Civil Code, but are used in law enforcement practice : norms of morality and morality, decisions of judicial plenums and judicial practice.
Concept civil law is understood in the narrow and broad senses: in the narrow - includes the Civil Code of the Russian Federation and federal laws governing civil law relations; in a broad sense - all sources of civil law.
The central place in the civil law system is occupied by Civil Code of the Russian Federation (consists of three parts); the norms contained in other laws must comply with it. The Constitution of the Russian Federation has the highest legal force: it contains norms fundamental for other legal acts (for example, articles on the rights of property owners, on the legal capacity of citizens, etc.).
Federal legislation regulate certain types of civil law relations (for example, the activities of legal entities (public associations, charitable organizations, joint-stock companies). The laws of the USSR and the laws of the Russian Federation adopted before January 1, 1995 are valid provided that they do not contradict the Civil Code of the Russian Federation.
By-laws decrees of the President of the Russian Federation; Decrees of the Government of the Russian Federation; acts of federal executive authorities. At the same time, decrees of the President of the Russian Federation must comply with the Civil Code of the Russian Federation and other federal laws; Decrees of the Government of the Russian Federation must comply with the Civil Code of the Russian Federation, other federal laws and decrees of the President of the Russian Federation, etc.
Rules of international law and international treaties applied directly and indirectly. In the first case, only principles and provisions borrowed from international law and international treaties apply. In the second, international treaties are applied to civil law relations both with the participation of foreign entities (if they define the rights and obligations of such individuals and legal entities to property located in the Russian Federation, the procedure for concluding and processing transactions, liability for harm caused to foreign persons, etc. d.), and in relations, the participants of which are only Russian citizens (for example, in relations related to the international transportation of goods, passengers and baggage)).
business practices - a rule of conduct that has developed and is widely used in any area of business activity, not provided for by law, regardless of whether it is recorded in any document. Business practices apply: in the case when there is a gap in the law that has not been settled by the parties; if the procedure for their application is provided for by the Civil Code of the Russian Federation and the Merchant Shipping Code of the Russian Federation.
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