What Refers To The Signs Of Civil Law

Table of contents:

What Refers To The Signs Of Civil Law
What Refers To The Signs Of Civil Law

Video: What Refers To The Signs Of Civil Law

Video: Civil law 2022, November
Anonim

Civil law is a special branch of law that regulates civil property and personal non-property relations between citizens - participants in these legal relations.

What refers to the signs of civil law
What refers to the signs of civil law

Common signs

Due to the fact that civil law regulates, perhaps, the broadest layer of legal relations in society, there is still no established list of its features. Therefore, it may be inherent in features that are characteristic of both any other branch of law, and those that follow from the main subject of civil law - these are property and non-property relations arising between citizens.

The first group includes such signs as normativity (established norms of legal behavior for everyone), universality (the norms of law apply to everyone and everyone), guaranteed by the state (since it has the instruments of coercion to comply with the law), intellectual and volitional nature (after all, a citizen have the right to express their will), formal certainty (the rules of law are expressed in legislative form) and consistency.

Individual signs

The second group, first of all, should include the sign of isolation of the subjects of civil relations. This means that all citizens are equal participants in property or non-property relations. From the point of view of the law, the owner of an enterprise and an employee of the same enterprise are absolutely equal, since both are subjects of civil law.

Secondly, the equality of rights of subjects of civil law is ensured by the force of the law. The law, with all its tools and forces, tries to ensure a balance between the participants in civil legal relations.

Third, civil law regulates such unique legal facts as transactions. The transaction is one of the main ways of civil expression of will, thanks to which property and non-property relations become possible between citizens.

The validity of signs of civil law in Russia

Like many other areas of law, civil law in Russia is in rather cramped conditions. The expression of the will of citizens is hampered by a huge bureaucratic apparatus. The balance between the participants in civil relations is under constant threat, since it is affected by social inequality, corruption and judicial bias in relation to different social groups of citizens.

The development of civil law in Russia will significantly improve the macroeconomic environment of the state, reduce social tension, and create conditions for the formation of small and medium-sized businesses.

Popular by topic