What Is The Difference Between Civil Law And Administrative

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What Is The Difference Between Civil Law And Administrative
What Is The Difference Between Civil Law And Administrative

Video: What Is The Difference Between Civil Law And Administrative

Video: What Is The Difference Between Civil Law And Administrative
Video: Differences of Criminal Case, Civil Case and Administrative Case. 2024, May
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Civil and administrative law are independent branches of law. They are in contact in terms of state registration of property, rights, organizations. Otherwise, they are radically different from each other.

What is the difference between civil law and administrative
What is the difference between civil law and administrative

On the subject of regulation

Civil law regulates property and personal non-property relations based on equality of parties, inviolability of property and inadmissibility of interference with private life.

Administrative law governs the actions of subjects in the social, public, economic and other areas of life. The norms of administrative law regulate public relations in the field of public administration.

By the composition of participants

Civil law implements the principle of non-interference of the state in private life. Any person is free to enter into civil legal relations. Even minor children can enter into petty sales contract transactions for retail goods.

In civil law relations, the state acts as the owner of the property or the founder, endowed with the same rights and burdened with the same obligations as the other participants.

In administrative and legal relations, one of the participants is always the state represented by authorities at various levels, which control the implementation of normative acts by citizens and organizations.

A striking example of the norms of administrative law can be called the Traffic Rules, which strictly regulate the rights and obligations of all road users, as well as a differentiated system of penalties for violations.

By regulation method

Civil law uses the method of coordination and the dispositive method of regulating public relations. Participants in civil relations are equal before the law, enjoy freedom of action and have property independence, the norms of civil law offer them options for the legitimate exercise of their rights.

Administrative law uses an imperative method and a method of subordination: the norms of administrative law prescribe a certain behavior of participants in legal relations, and in case of violation of the accepted order, the state, through its bodies, applies punishment in the form of fines, restrictions and deprivation of any rights and freedoms. Participants in administrative and legal relations are initially unequal, limited by prescriptions that must be strictly followed.

By punishment for violations

There are also restrictions and prohibitions in civil law, but they are aimed at protecting the rights and interests of other participants. In case of violation of the rights of other participants, the person who caused the harm is liable within the limits of the harm caused and lost profit. In contracts, it is possible to apply fines and penalties as a measure to ensure the execution of the contract. The perpetrators compensate for the harm voluntarily or by court order

Administrative law widely uses a system of administrative punishments, such as fines, restriction and deprivation of any rights and freedoms, up to administrative arrest. Courts and other authorized authorities have the power to impose punishment.

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