A branch of law is an element of the legal system, which is a set of legal norms that regulate a homogeneous group of social relations. Qualitatively determined by the characteristic subject and methods of regulation. Branches of law include sub-branches (or institutions of law). The norms of law serving related industries form a system of so-called complex legislation.
Instructions
Step 1
On the subject of regulation of the branch of law, they are divided into substantive law and procedural law. Material law has as its object material relations (property, labor, family, etc.). Procedural law regulates the order, procedure for the exercise of rights and obligations (for example, in legal proceedings). As a rule, procedural law defines and enshrines legal norms for the implementation and protection of substantive law; Thus, we can say that the branch of law is characterized by the predominant expression of substantive and procedural law. For example, civil law is predominantly material, but certain subsectors of civil law (for example, housing or copyright law) have a strongly pronounced procedural component. Another example. In civil procedural law, procedural law obviously predominates, but a number of its norms contain a pronounced material component.
Step 2
There are two types (methods) and three main ways of legal regulation. The two methods are described by the same polar formulas. The first formula - "everything is allowed, except for what is directly prohibited in the law" - represents the so-called "generally permissible" or dispositive method. The second formula - "everything is forbidden, except for the expressly permitted" - represents the "permissive", or imperative method. Simplifying somewhat, the dispositive method is a contract and coordination, the imperative method is an order and subordination. Three methods of legal regulation (i.e., methods of legal influence) are the granting of rights, obligation, prohibition. Granting the right means that the subject of the right is granted the right - including to perform or not to perform certain legal actions, as well as to choose the option of his behavior. For example, the purchase of a TV means that the law gives the buyer the right to own this TV, including the right to use, sell, donate, etc.) Obligation is essentially a prescription: the subject of law is obliged to perform some kind of legal action. For example, a buyer of a TV is obliged (since he is the subject of a purchase and sale transaction) to pay its cost when buying. A prohibition is a so-called "negative" prescription: the subject of the right is obliged not to take any action. In the same deal with the TV, the law prohibits the sale of anything "in the load" to the purchased product.
Step 3
Thus, the branch of law is determined by the subject, method and method of legal regulation. It is not enough to say that the TV deal belongs to the material - civil law. It is also necessary to indicate the preferential method (in our case, the dispositive one) and - in the case when it is necessary to determine the belonging of a particular case to the branch of law - the predominant method of regulation.
