What is civil law?
Any developed legal system has thispart, as "civil law". What is this term? It has a century-long history. In fact, civil law is the degeneration of Roman civil law. Today, the above term can be deciphered as "the right of citizens". This is due to the fact that it is the norms of civil law that are the basis for resolving disputes between non-property and property relations.
The bottom line is that the basis of this kind of relationship -the will of their participants. People themselves decide whether to conclude a contract with them, take on certain duties and so on. In this case, everything is based on complete equality of the parties. Civil law regulates those social relations, in which people enter for their own, that is, private interests. The state must ensure that people properly perform duties that are endowed by themselves, do not encroach on other people's property or any intangible benefits, and so on.
Civil law gives its members a broad autonomy, that is, the opportunity to choose the most appropriate option of behavior everywhere and everywhere.
Property relations in themselves are veryvarious. Far from all of them are amenable only to civil-law regulation. As an example, it can be called that budgetary and tax property relations can not be built on equality of the parties. Here, everything is based not on the private, but on public law (one of the parties is the state).
The above equality of parties is indeedis the most significant side of civil-law relations. The imperious subordination of one side to another is simply impossible. With the loss of equality, public relations immediately lose the status of civil law. This, of course, is not about the economic similarity of the parties, but about the similarity of the formal and legal.
What is so important is the autonomy of the will? The fact is that it is precisely the means that makes the private legal sphere self-regulating. Only with its presence people can freely enter into any civil-law relations. The decision to join them is always taken independently - that is, on the initiative of one's own, and not of someone else's. People themselves decide how to use it, obtained on the basis of certain legal facts.
Civil law implies that participantsThe norms of relations arising on its basis are property-wealthy. This provision is explained by the fact that property relations can not arise without a specific segregated property. Participants in civil law relations should be able to independently dispose of it, determine its fate.
Of course, civil law regulates andcertain non-property relations. Some of them have a direct connection with property, and others do not have it at all. What can be attributed here? First of all, we should mention the diverse interests of the human person. It is about the individual image, dignity, honor, privacy of correspondence, personal life, bodily integrity and so on. We will classify here the interests of people who create intangible goods (works of art, science, technology, and so on).
Participants in civil law relations not onlyindividuals. It is important that legal persons also belong to this category. The organizational and legal form does not matter. Let's just note that when considering a case in a civil court, one of the parties must necessarily be a physical person. Otherwise (both parties are organizations), the case will be referred to the arbitration court.