Civil law. Parts I, III and IV. The concept and structure of civil legal relations (CLR). Types of civil legal relations (the most important)

Lecture notes, cheat sheets
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Civil law. Parts I, III and IV. The concept and structure of civil legal relations (CLR). Types of civil legal relations (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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5. CONCEPT AND STRUCTURE OF CIVIL LEGAL RELATIONSHIP (GP). TYPES OF CIVIL LEGAL RELATIONSHIPS

The concept of GP. Civil law is understood as a legal relationship between its participants regarding property and non-property relations or the social relationship itself, regulated by the norm of civil law.

GP value. In a GP, its participants are entitled subjective rights and obligations, guaranteed by the state, i.e. in case of violation of rights established by law, their bearer has the right to protection in court. The GP expresses will of the state, establishing the rules by which their participants act, and the will of the participants themselves.

The GP has common features with other legal relations: it is binding, based on the law. At the same time, HPs have specific features: GP - the result of legal regulation of property and personal non-property relations of equal participants; the subjects and objects of the GP are diverse; guarantees for the exercise of rights and obligations are measures of a property nature (compensation for losses, collection of a penalty); protection of the violated rights of participants is carried out in court by filing a statement of claim.

В structure (composition) SOEs distinguish three elements: the subjects of SOEs; GP facilities; the content of the GP (the rights and obligations of the subjects of the GP).

GP entities (persons): individual individuals (citizens, stateless persons, foreigners) or certain groups of people (legal entities, municipal, state and interstate entities). All of them are bearers of civil rights and obligations.

Object GP - what it is aimed at and has a certain effect. The object of the GP is the behavior of its subjects, aimed at various kinds of material and non-material benefits. It is necessary to distinguish between the behavior of subjects aimed at any good that can satisfy human needs, and the behavior of subjects of legal relations in the process of their interaction with each other. The first forms the object of legal relationship, and the second - its content.

GP content - the interaction of its participants, carried out in accordance with their subjective rights and obligations, as well as the totality of these rights and obligations: subjective right - a legally secured measure of the possible behavior of an authorized person: subjective duty - a legally stipulated measure of the necessary behavior of the obligated person in the GP.

Types of civil legal relations. GPs are classified on a number of grounds. Depending on the presence or absence of economic content - property и personal non-property SOEs. By the number of obligated persons - absolute и the relative. Depending on the ability of the holder of the right to exercise his rights personally or with the help of obligated persons - real и obligatory. Depending on the presence or absence of time limits - urgent и perpetual. Depending on the distribution of responsibilities of the parties - simple и complex.

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