Characteristics of the private law branches. The civil Law.

The private law – is a totality of the branches of the law governing relations between the people on the private ownership of means of production. Branches of Private Law are regulating the relations in the process of turnover of the production, services and performance of works. Private law protects the rights, independence and initiative of individual owners and their associations during the implementation of property relations, as well as in their personal relationships.

Private law is characterized by the fact that here is mainly used the non-mandatory method and the sides of legal relationship are formally recognized as equal.

Private law includes the totality of branches of law, as civil law, business, commercial, private international law etc.

Specificity of branches of private law is determined by the characteristics of the subject and method of regulation of the legal relations.

The subject of civil law is the property and related personal with it personal non-property relations, based on equality of the parties, on the autonomy of will and on the property independence of it participants.

Civil law fulfilled the legal protection and registration of economic relations about the property.

Civil law defines the bases of arising of the property rights and other rights, objects and subjects of these rights, the content of owner's rights, the legal regime of certain types of property, the ways to protect disturbed property rights.

Property relations are closely related to the disposal of property, transfer it to the property to the other persons, holding or using by the various persons. Transfer of property to others is possible, mainly by the conclusion and execution of relevant agreements, or by other prescribed by law reasons.

Civil law also regulates the relationships arising in the field of business.

Civil law also protects the nonmaterial benefits that are associated with the personality of their owners and does not have the property content. For example, life and health, honor and good name, reputation, personal privacy, etc. These rights belong to the subjects of law from birth, or by law, these rights can not be alienated or transferred to other persons.

The second important characteristic of civil law is the method of legal regulation. Method - is a totality of ways of influence on the activities of people.

Civil legal method characterized by follows sighs.

1. Equality of the sides, the absence of authoritative subordination of one party to the other.

2. The autonomy of the will of participants of civil legal relations means the ability of persons to have, and to express their will. This principle is directly connected with the first principle, because that as the equal sides may be only the persons which does not depend from the will of each other.

3. Property autonomy. This principle establishes the possibility of participants of civil relations to independently dispose their property. The rights of property owners are protected by civil law.

4. Freedom in the fulfill of rights. Subjects of civil law have a choice of options of behavior. The participants of the legal relationship may acquire or not the relevant subjective rights and duties, to choose the particular method of acquisition, use or not use measures of protection of the broken right, etc.

This possibility is called as allowable. This is one of the main methods of civil law regulation.

Civil legislation is in the exclusive jurisdiction of the Russian Federation (Article 71 of the Constitution). This means that the regulations of civil law may be adopted only by the public authorities of the Russian Federation and can not be accepted by the subjects of the Russian Federation.

Date: 2015-12-11; view: 1001