Civil legal relations
Civil legal relations arelegal relationship that arises between participants in personal non-property or property relations, regulated by the rules of civil law. Participants in this kind of relationship have mutual rights and obligations.
Participants of this kind of legal relationship are its subjects. In this case, they may be legal entities, individuals, any constituent entities of the Russian Federation, the Russian Federation itself, various municipal entities.
Subjective rights, as well as subjective duties of the parties - this is what is the content of the legal relationship.
Civil legal relations are relations,whose object is the material good. With regard to this good, there is a subjective right and, of course, a corresponding subjective duty.
Objects of civil legal relations are different. They can be some things, any services or works, the results of intellectual activity, information, intangible goods.
The legal fact is that with which to begin,change, or terminate the legal relationship. A legal fact is usually understood as a concrete circumstance with which certain consequences are directly related.
Civil legal relations, the concept of which is considered in this article, can be classified according to different principles. Most often they are divided into
- relative and absolute;
- Non-property and property;
- obligatory and real.
Division into non-property and propertyis based on the fact that property relations have economic content, and non-property relations do not. In the first case, we can speak, for example, about the relation of property, and in the second - about honor and dignity.
The division of legal relations into relative andAbsolute is based on the fact that under absolute legal relations to a particular person, the bearer of law, there is nothing against an unlimited circle of persons. In the case of relative legal relations, this circle of persons is limited (the lessor may require the payment specified in the contract only from a certain lessee).
As already mentioned above, civillegal relations are also divided into mandatory and material. The bearer of real rights has the ability to dispose of a particular thing at his discretion. The carrier of a compulsory right as an object of law has the actions of an obligated person - in other words, has the right to demand from the person performing certain specific actions.
Real rights are absolute, obligatory - relative.
Civil legal relations can also be urgent and unlimited. This division is based on whether these legal relationships are limited by any period.
They can also subdivide into complex orsimple. For simple it is characteristic that each of the participants has only one right and one duty, in complicated participants can be holders of several rights and obligations simultaneously. As an example, we can name situations where a tenant is obliged not only to pay in time for a premise, but also to periodically repair it.
The concept of a civil legal relationship can not be completely disassembled without consideration of subjective duties and the rights of its participants.
Under the subjective law in this caseis understood the possibility of the conduct of a participant in civil legal relations, which the law granted him. The law allows you to require a different participant in these legal relationships a certain behavior. In the event that the latter resists, certain measures of civil coercion may be applied.
By subjective duty is understood a certain behavior of a person who is obliged, in relation to another participant in legal relations.