Personal non-property relations. Property and non-property relations

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Personal non-property relations related to property

This group of relations includes relations regarding the authorship of inventions, industrial designs, trademarks, works of science, literature and art, and other results of intellectual activity. The dispute about authorship is not a dispute about property, at the same time, the recognition of authorship entails the payment of remuneration for the use of his achievement. Property relations arising in connection with authorship of products of intellectual activity are commodity-money, and therefore personal non-property relations with which they are associated are regulated by civil law.

Civil law regulates personal non-property relations that are not related to property relations, that is, relations related to the exercise and protection of inalienable rights and freedoms and other non-material benefits. Such relations are relations that arise in connection with the honor, dignity and business reputation of a citizen, that is, such benefits that cannot be separated from the individual. Personal non-property rights are subject to protection in case of their violation.

Thus, civil law this is a set of norms regulating property and related personal non-property relations based on the equality and property independence of their participants, as well as relations related to the exercise and protection of inalienable human rights and freedoms and other non-material benefits.

Method of legal regulation - it is a system of legal techniques, methods, and means used to regulate the relevant relations inherent in this branch of law. The method of civil law regulation is characterized by equality, autonomy of will and property independence of the participants in relations. Participants in civil law relations, unlike participants in state-legal, administrative-legal, financial-legal and some other relations, do not exercise the functions of power in relation to one another. They have full legal equality, determine the nature of their relationship by mutual agreement and build their relationship, as a rule, on the basis of an agreement.

Autonomy of will means the possibility of participants in civil legal relations freely, without outside influence, based on their interests, to carry out certain actions aimed at acquiring and exercising civil rights, assuming and fulfilling civic obligations.

Property independence is manifested in the assignment of property rights and obligations to each participant in civil legal relations. They have the right to own, use and dispose of their property at their own discretion and in their own interests. Participants in civil legal relations are independent not only in solving the issues of acquiring and exercising civil rights, but also in their protection in case of violation.

Non-property relations in civil law considered as a relatively separate legal category. At the same time, they interact with other institutions regulated by norms.

Property and personal non-property relations

The nature of the interaction between these or those subjects may be different. Quite common are non-property civil relations. At the same time, some of them in no way relate to the economic sphere. Others, on the contrary, have a certain connection with it. In accordance with this, types of non-property relations are distinguished. Some of them arise from the recognition of the inalienable freedoms and legal possibilities of a person, as well as other intangible benefits that belong to him. The second category includes non-property relations related to property relations. In particular, we are talking about the interactions between the creators of products of intellectual labor.

Authorship

Property, personal non-property relations are regulated by the Civil Code. The norms of the Code state that authorship for a work of literature, science, art or an invention arises regardless of the possibility of using them as goods. Its recognition entails the appearance in the first place of certain property interests. For example, it provides for the protection of the author's name, content and title of his work from unreasonable distortion, reproduction, borrowing, and so on. At the same time, intangible objects - products of mental labor - become commodities. It follows from this that arise in the framework of their use. For the creators, in addition to authorship, exclusive rights are recognized. All these categories are combined and clarified by Art. 1226 GK.

Nuances

In relation to the products of intellectual labor, as well as directly intangible objects, they are non-transferable and inalienable. In other words, they cannot participate in the turnover. At the same time, the owner can dispose of the exclusive use of these products by any legal means. The norms also allow their transfer to other persons on a reimbursable basis.

Recognition of freedoms and other intangible human benefits

The other group includes those with an exclusively individual character. At the same time, the connection with the material turnover is completely absent. These arise about such intangible objects as health, life, good name, dignity, reputation, honor, and so on. All interactions relating to these categories have no economic content. Intangible benefits, about which there are, are inseparable and inalienable.

Protection

Non-property relations, as well as intangible objects, about which they arise, are under the protection of norms. For example, the owners of these benefits have the opportunity to apply to the court with a claim for the suppression of the actions of other persons, discrediting their dignity and honor, infringing on their freedom and interests. In particular, the subject may demand the publication of a refutation, the recovery of moral damages, and so on.

Implementation specifics

Non-property relations cannot be fully regulated by law. This is primarily due to the fact that the objects in relation to which they arise are of an actual nature. In this regard, the existing legislation is limited to guarantees for the protection of intangible benefits from unlawful encroachment. At present, there is no system of "positive", substantive rules through which non-property relations would be regulated and the legal status of the relevant objects would be established.

Current Regulatory Models

In accordance with the Civil Code, the legislation regulates non-property relations that are related to property relations. This provision is found in Art. 2 of the Civil Code, p. 1, para. 1. At the same time, the legislation provides for the protection of non-property relations that are not related to property relations, unless otherwise comes from the nature of goods. This provision is provided for in the second paragraph of the above article 2. In the norm, we are talking about interactions that arise regarding inalienable freedoms, human rights, as well as other intangible benefits.

Explanations

Relations that arise about inalienable freedoms and human rights are interactions related to such specific benefits as the possibility of free choice of place of residence, stay, movement, the right to a name, authorship, and so on. The category of other intangible benefits includes honor, reputation, dignity, health, life, and so on. The difference between these categories in practice is rather conditional. Article 150 of the Code unites them under one name - "non-material benefits". This, in turn, points to a number of common features. Let's consider them.

Signs of intangible goods

First of all, they do not have a civil law nature. are universal and are enshrined in the Constitution. In the Civil Code, in turn, the relevant provisions of the Basic Law are reproduced and specified. Intangible goods belong to every person. However, only some of them can have organizations. For example, legal entities have a business reputation. Intangible goods are natural. The legislation explicitly states that they belong to people from birth. At the same time, only a part of the benefits can arise when certain circumstances occur. For example, authorship and related relationships appear as a result of the creation of a product of intellectual labor. Intangible benefits are inextricably linked with the personality of the carrier. It follows from this that they cannot be alienated and transferred to other persons. Due to the absence of an economic component, intangible benefits are not subject to monetary value. It follows from this that if they are violated, they cannot be restored completely.

Important Points

Taking into account the above features of intangible benefits and the relations that appear about them, as well as the essence of the rules defined by Articles 152 and 151 of the Civil Code, one can answer the question why Art. 2, paragraph 2 of the Code indicates protection, and not their normative regulation. There is an opinion that this is due to objective reasons. As a result, the difference between regulation and protection in the terminological sense will not be fundamental. In addition, a number of authors point out that the real forms in which non-material benefits are used have an exclusively factual character. This, in fact, excludes full-fledged civil law regulation. Indeed, the norms cannot objectively regulate issues related to health, life, family secrets, business reputation, and so on. Moreover, the very essence of intangible benefits is limited to their proclamation in They, being special, do not have a regulatory effect.

Additionally

Due to the fact that intangible benefits can only be associated with violations and when it becomes necessary to restore them with the help of measures provided for by law, the difference between regulation and protection lies in the fact that in the first case there is an impact on the behavior of subjects in any relevant situation. , and in the second - exclusively in case of illegal actions of other persons. However, some objects are still not only protected. So, for example, the right to a name, authorship is regulated by norms. Such a phenomenon, on the one hand, does not contradict the dispositive wording of Article 2, Clause 2 of the Civil Code. At the same time, the conditions for protecting a certain category of intangible goods can regulate issues of their illegal and lawful use. This circumstance negates the distinction between regulation and protection.

conclusions

Thus, non-property personal relations are understood as social interactions arising from intangible benefits. Within their framework, the individualization of the personality of the subject (citizen or organization) occurs due to the identification and analysis of moral or other social qualities. If, for example, a person wrote a novel, a non-property relationship arises between him and all other people. It expresses the moral, creative, other social qualities of the author, reflected directly in the work. All of these features are appreciated by readers. This non-property relationship is regulated by the norms of the Civil Code. According to them, the writer gets the opportunity to act as an author, use his novel on his own or allow others to do it, use a pseudonym, make it public or give consent to publication. He, among other things, is guaranteed the protection of his work from unlawful encroachment, distortion, capable of harming the dignity or honor of the author.

Conclusion

Legislative norms regulate only those non-property relations that are related to property relations. It follows from this that the provisions of the Civil Code do not apply to the second category of these interactions. However, this is not quite true. The normative provisions apply to non-property relations that do not concern property relations only when there is an encroachment on the inalienable intangible benefits of a person. In such situations, a mechanism is activated that ensures the protection of human freedoms. Meanwhile, a number of authors argue that such a removal of non-property relations that are not related to property relations from the subject of regulatory regulation is unreasonable. This position is explained as follows. The authors point out that if non-property interactions are a civil law category, then they should not only be protected, but also regulated.

The main features (signs) of personal non-property rights protected by civil law are considered to be:

intangible nature, that is, the lack of economic content and the impossibility of evaluating the right in any equivalent; this feature does not allow other persons to recover from an object that has a personal right;

individualization of personality;

inalienability and non-transferability in any other way;

special objects of personal non-property rights: health, life, inviolability of personal and private life, honor and dignity, family and personal secrets, results of intellectual activity and others.

The Civil Code of the Russian Federation (Article 2) establishes two main types of non-property rights (Appendix 2):

- Associated with property rights, that is, they can act as a basis for the emergence of property rights. For example, the author of a literary work is entitled to royalties. In this case, secondary property rights arise, which take place, but may not be realized, in the event of the author's refusal of the fee.
- Not related to property rights: the inalienable rights and freedoms of a citizen, as well as other intangible benefits (the right to life, to a name, to a personal appearance, to honor and dignity, etc.) that are protected by civil law.

By purpose, personal non-property rights are divided into:

1. aimed at ensuring the physical well-being of a citizen (the right to life and health, the right to a favorable environment, etc.);
2. contributing to the individualization of the individual (the right to a name, the right to protect honor, dignity and business reputation, the right to refute and respond, necessary to restore personal non-property rights, etc.);
3. ensuring the personal inviolability of citizens (the right to physical inviolability, the right to the protection of life and health, the right to inviolability of personal appearance, etc.);
4. ensuring the inviolability of private life, in particular, the right to the inviolability of the home, the secret of personal life (medical, lawyer), the secret of personal communication, the secret of making bank deposits, notarial and investigative actions, and more.

In addition, personal non-property rights are divided according to interests into:

- non-property benefits closely related to human life; non-property benefits in the field of family and marriage;
- non-property benefits that individualize a person in a team;
- non-property interests arising from participation in social work, including the implementation of creative projects;
- non-property benefits arising in the field of property relations Civil law: textbook: in 2 parts: Part 1 / ed. V.P. Kamyshansky, N.M. Korshunova, V.I. Ivanova. M.: UNITY-DANA, 2011. - S. 328 ..

In fairness, it should be noted that each of the types of personal non-property rights is to some extent conditional, which becomes obvious in cases where one illegal action entails a violation of several non-property rights that are closely related to each other (for example, violation of the right health and favorable environment, etc.).

Personal non-property rights aimed at the individualization of a person can be classified as follows:

The right to an individual appearance. It is a collection of information about a particular person (figure, physical data, etc.) obtained without special research. The content of this right includes a set of powers that allow you to independently use your individual appearance, personal image. The right to use the right to an individual appearance gives the opportunity to receive material or intangible benefits, allows you to give consent or prohibit the use of your appearance by others. The right to an individual appearance from January 01, 2008 is regulated by Article 152 of the Civil Code of the Russian Federation.

The right to vote. This right gives you the opportunity to use your voice and dispose of the sound recording at your own discretion. The right to use allows you to receive tangible and intangible benefits through your vote or by transferring the right to use the voice to others on a reimbursable or non-reimbursable basis.

Right of authorship (Appendix 3). The author's non-property rights arise as a result of the creation of a literary or scientific work, and along with the author, the law defines a circle of persons who have the right to protect copyright after the death of the author. Relations between co-authors concerning issues of obtaining copyright, the right to inviolability and publication are determined by mutual agreement of all parties. Non-property copyrights are protected by law indefinitely.

Personal non-property rights aimed at ensuring personal integrity are as follows:

The right to life and health. Article 150 of the Civil Code of the Russian Federation defines the concept of life as an intangible good and is recognized as an object of civil law, which, first of all, determines the guarantees of the right to life. On the basis of Article 1085 of the Civil Code of the Russian Federation (Part Two) dated 01/26/1996 N 14-FZ (as amended on 06/29/2015) (as amended and supplemented, effective from 07/01/2015) // " Collection of Legislation of the Russian Federation", 01/29/1996, N 5, art. 410. Causing injury to a citizen entails compensation for the lost income received by him while in good health, as well as reimbursement by the violator of the costs of treating the victim, purchasing medicines, the need for outside care, sanatorium treatment, etc. The volume and amount of compensation is established by law or by agreement (for example, on the basis of clause 3 of Article 1085 of the Civil Code of the Russian Federation, the terms of compulsory medical insurance of the employee at the expense of the employer are included in the employment contract, and in accordance with Article 1093 of the Civil Code of the Russian Federation when reorganizing a legal entity its rights and obligations to pay these payments pass to the successor).

The right to free movement, choice of place of stay and residence. In accordance with Article 22 of the Constitution of the Russian Federation The Constitution of the Russian Federation [Text] / / Collected. legislation of the Russian Federation - 2014. - No. 31. - Art. 4398. Everyone has the right to freedom and personal integrity, while the right to freedom of movement and choice of place of stay and residence are defined by Article 27 of the Constitution of the Russian Federation and Article 18 of the Civil Code of the Russian Federation. This intangible benefit is protected by Article 150 of the civil law.

Personal non-property rights aimed at protecting privacy can be classified as follows:

The right to personal and family privacy. The right of every person to personal and family secrets is defined by Art. 23 and 24 of the Constitution of the Russian Federation. This material benefit is protected by Article 150 of the Civil Code of the Russian Federation, which prohibits the collection, storage and dissemination of information about the private life of a certain person without his consent. At the same time, civil law provides for special rules for the protection of private life with the assistance of third parties: medical secrecy, lawyer or notarial secrecy, bank secrecy, etc. Kokova D.A. Actual problems of legal regulation of family relations between spouses // Uchen. tr. Ros. acad. lawyers and notaries. - 2015. - No. 2. - S. 134-138. .

The right to inviolability of personal documents. Fundamentals of the legislation of the Russian Federation and archives determine the status of storage and protection of personal documents that belong to a citizen by right of ownership and, in accordance with the established procedure, are classified as archival documents. The subject of the right to the inviolability of documents containing personal content can be every citizen, including the sender of a letter who has resorted to the services of postal services. The right to inviolability of telephone conversations arises as a result of concluding agreements with relevant organizations, the right to inviolability of personal documents arises from the moment they are given a certain objective form, while the content of this right includes the right of a citizen to make changes or additions to documents, establish the procedure for their processing, demand return of documents seized (withheld) illegally Russian civil law: Textbook: In 2 volumes: Volume 1 / otv. ed. Sukhanov E.A. M, 2012. S. 913. Postal organizations and their employees are fully responsible for the inviolability of letters, telephone conversations and telegraph messages. Violation of this right entails the payment of compensation for the non-property damage caused.

The right to inviolability of the home. This intangible benefit is regulated by Article 25 of the Constitution of the Russian Federation, which defines a ban on entry into a dwelling against the will of persons living in it, except in cases where the need for entry is allowed on the basis of a court decision or due to conditions prescribed by federal law.

The right to the inviolability of the home arises by virtue of the validity of a contract of employment, membership in cooperatives, on the right of ownership, etc. The subject of the right to the inviolability of the home is the tenant, the owner of the house (apartment) and members of his family living together with him. The obligation to respect the right to the inviolability of someone else's home rests with all citizens, including employees of hotels, tourist camps and other institutions.

Moral Rights (PMR) are regulated by the norms of the right of communication between certain subjects regarding personal non-property benefits.

LNP - these are the subjective rights of citizens that arise as a result of the regulation of personal non-property relations that are not related to property relations by the norms of civil law. LNP as subjective civil rights are rights of a strictly personal nature. According to Art. 150 of the Civil Code of the Russian Federation, these rights belong to a citizen from birth or in force of law , are inalienable and cannot be transferred to other persons in any other way, except as provided by law. These rights are categorized exceptional. LNP are rights absolute . The LNP is characterized by the presence of two powers: 1. to demand from an indefinite circle of obligated persons to refrain from violating his right; 2. to resort in case of violation of his right to the measures of protection established by law. LNP in an objective sense is a complex legal institution that includes the norms of various branches of law.

To personal rights not related to property, relate: the right to life, the right to a name, the right to an individual appearance and voice, the right to honor and dignity, etc. .

LNP regulated by civil law norms are characterized by the following features: 1. intangible nature of personal rights (lack of monetary value); 2. focus on identifying and developing individuality (allows you to distinguish one subject of law from another, protecting their originality and originality); 3. special object (non-material benefits - clause 1 of article 150 of the Civil Code of the Russian Federation contains a list of NB: life, health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets. Along with the actual intangible benefits, the Civil Code of the Russian Federation provides for the rights: free movement, choice of place of stay and residence, in the name, authorship etc.); 4. the specifics of the grounds for the emergence and termination (when certain events occur, due to legal actions, be generated by acts of the competent authorities.) Types of LNP:.According to the target orientation of LDL, there are: 1. aimed at the individualization of the individual (the right to a name, the right to honor, dignity, business reputation, the right to appearance, the right to vote); 2. aimed at ensuring personal integrity (the right to life and health, inviolability of personal freedom, freedom of movement, choice of place of stay and residence, personal inviolability,); 3. aimed at protecting privacy (personal and family secrets, non-interference in private life, inviolability of personal documents, inviolability of the home)

Defense ChiD: Honor - it is a public assessment of the individual from a socio-ethical point of view, a certain measure of the spiritual, social qualities of a person. Dignity - self-esteem, the idea of one's own worth as a person. The dignity of the human person is recognized by the state on an equal basis for all members of society, which does not exclude the recognition of the great merits of some over others. Under business reputation should be understood as one of the aspects of reputation in general, which reflects the prevailing opinion about the qualities of the subject in the field of his professional activity. Only judicial protection. Cases on claims for the protection of honor, dignity and business reputation under Art. 152 are initiated according to the general rules for initiating civil cases in court. Such a case can be initiated by filing a claim by citizens or organizations (legal entities). the burden of proving the validity of the widespread defamatory information lies with the defendant, the plaintiff is obliged to prove only the very fact of their dissemination by the person or organization against which the claim is filed. Ways to protect honor, dignity and business reputation in civil law are:refutation and compensation (reimbursement) to the victim of moral harm. for the first time, with regard to the amount of compensation for moral damage, the legislator established that when determining it, the requirements should be taken into account "reason and justice" (Clause 2, Article 1101 of the Civil Code of the Russian Federation), as well as "the degree of physical and moral suffering associated with the individual characteristics of the person who has been harmed" (Art. 151). Claims for compensation for non-pecuniary damage statute of limitations does not apply , since they arise from the violation of personal non-property rights and other intangible benefits (clause 1, article 208 of the Civil Code of the Russian Federation). P one refutation is understood as bringing to the circle of persons among whom the information was disseminated, information about their recognition by the court as untrue, and under moral damage(Article 151 of the Civil Code of the Russian Federation) - recognition of the physical or moral suffering of the victim.

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Introduction

1.2.1 Property relations

2. Civil law method

2.1 Civil law method of regulating public relations

Conclusion

Literature

Introduction

The term "civil law" arose a very long time ago. It has been known in jurisprudence since the time of Ancient Rome and comes from the Latin expression jus civile - "civil law", which meant the right of Roman citizens. Subsequently, this term has gained general currency. It is used in all systems of law, although its content changes to a certain extent with changes in the economic, political and cultural conditions of life in a particular society. In modern law, the term "civil law" is ambiguous. It is understood, in particular: a) a branch of law as a certain set of legal norms; b) science as a system of knowledge, ideas, ideas about civil law phenomena; c) academic discipline.

In order to distinguish between branches of law, it is necessary to clarify two main questions: what kind of relations does the branch of law regulate - that is, what is the subject of legal regulation, and how does it regulate them, i.e. what are the most common legal techniques it uses, or in what is the method of legal regulation. With the help of the subject and method, one can not only single out civil law from the unified system of Russian law, but also identify its features, which are quite enough to form a clear idea of civil law.

The norms of civil law extend their effect to the relations that arise between citizens (for example: a loan agreement, donation, and others). Citizens in their daily lives, using the services of various organizations, enter into social relations regulated by civil law. The range of social relations regulated by civil law is so extensive that it is impossible to give an exhaustive list of them.

1. The concept and subject of civil law

1.1 The concept of civil law

Civil law - a system of legal norms that make up the main content of private law, regulating property and related personal non-property relations, based on the autonomy and property independence of their participants, by the method of legal equality of the parties in order to empower individuals with the ability to self-organize their activities to meet their needs and interests. The term "civil law" refers to:

1) the named system of legal norms (civil law in the objective sense);

2) a set of normative acts corresponding to it (civil legislation);

3) civil law science, or doctrine, i.e. the doctrine of civil law - a system of knowledge about civil law phenomena;

4) academic discipline - a civil law course taught in law schools. civil law subordination equality

The term "civil law" originates from the Roman "civil law" (jus civile), which meant the right of native Roman citizens, residents of the city-state. The process of reception (borrowing) of Roman private law by European legal orders led to the transfer of this concept to modern legal terminology (German - Zivilrecht, French - droit civil, English - civil law), where at the same time it received a slightly different content. Therefore, civil law, and more often the science of civil law, is often traditionally called civil law. In a sense, civil law is indeed a "right of citizens", regulating most of their property relations.

These relations, as a rule, arise at the will of the participants themselves, guided by their own private interests, and the intervention of the state (public authority) in this area is limited to cases of the need to protect the most important common (public) interests. Therefore, civil law, with its inherent principles (principles) of legal equality and independence of participants, inviolability of their private property, freedom of contracts, independent judicial protection of violated rights and interests, is considered a synonym for private law (jus privatum). It is a natural consequence of economic development, which inevitably requires the liberation of the individual from the fetters that bound him under feudalism, requiring for the exchange of goods the freedom of property secured by law, freedom of contracts, freedom of wills, etc. In Russia, private law as an area closed to arbitrary, comprehensive state intervention , existed only since the late 60s of the nineteenth century. (after the reforms of Alexander II) until 1918-20, because Soviet civil law was based on the well-known Leninist attitude about the non-recognition of anything private in the field of economy (economy). In pre-revolutionary Russian civil law, commercial (merchant) law was never isolated, which was its important feature in comparison with many Western European legal orders.

In the Soviet period, there were theoretical attempts to break up the unified civil law and separate economic law, which, according to the plan of its supporters, was called upon to “comprehensively” regulate “planning-value”, i.e. “public-private” relations in the then state-owned, planned-centralized economy ( suffered a natural failure). The main principles of unified private (civil) law in a systematic form are now legally fixed by the new Civil Code of the Russian Federation.

1.2 Subject of civil law

Like any branch, civil law consists of legal norms that regulate relevant social relations. The subject of civil law is also social relations. Therefore, the concept of the subject is closely related to the question of what social relations are regulated by the norms of civil law? Without an answer to this question, it is difficult to understand what constitutes the civil law of Russia. However, the answer to this question is not as simple as it might seem at first glance. The fact is that the range of social relations regulated by civil law is unusually extensive. Citizens and organizations, carrying out entrepreneurial activities, constantly enter into social relations with each other, regulated by the norms of civil law. Citizens in their daily lives, using the services of various organizations, also enter into social relations regulated by civil law. So, going to work by public transport, a citizen enters into a relationship with the relevant transport organization, which is regulated by the rules of civil law. By handing over outerwear to the wardrobe upon arrival at the appropriate organization, the citizen becomes a participant in a public relationship, which is also regulated by the norms of civil law. By purchasing the food or industrial goods he needs in a store, a citizen participates in social relations, which are also subject to the norms of civil law. The norms of civil law extend their effect to the relations that periodically arise between the citizens themselves. For example, when they conclude a loan agreement, property lease, donation and other agreements not prohibited by law. Civil law also regulates relations arising from the dissemination of untrue information about a citizen that discredits his honor, dignity or business reputation. At the same time, not all relations in which citizens become participants are regulated by civil law. So, by electing deputies to the relevant bodies of representative power, citizens become participants in social relations that are regulated by state, and not by civil law. On the other hand, the action of civil law extends to such social relations in which citizens do not take part at all.

Thus, the norms of civil law govern relations between organizations (legal entities) that arise in the process of selling manufactured products, transporting them by rail, sea, river or air transport, insuring this cargo, making payments for delivered products, etc. Civil law regulates relations with the participation of the Russian Federation, subjects of the Russian Federation and municipalities, for example, in the case of a citizen bequeathing his property to the state.

Civil law, first of all, is designed to regulate property turnover in a market economy, therefore, equality of participants means the absence of subordination of one subject to another, autonomy of will - the ability to independently choose a course of conduct without outside interference, property independence - the possession of material wealth and free disposal of them.

The subject of civil law is, firstly, property relations.

Their object can be not only a material object (a house, a car, a tape recorder), but also other goods that cannot be touched or seen (for example, property rights for rent, preferential purchase, works and services, information).

Their incorporeal form does not prevent them from changing owners, ensuring the fulfillment of obligations, in general, being an object of civil rights on a par with their tangible and visible "brothers".

1.2.1 Property relations

Property relations constitute the main, predominant part of the subject of civil law. They are formed about specific property - material goods of a commodity nature.

Such benefits include not only physically tangible things, but also some rights that were called “res incorporates” in Roman law - “non-corporeal things” (for example, a bank deposit, which is not money, but the depositor’s right to claim against the bank). Property relations also arise with regard to the results of work and the provision of services, including those that are not necessarily embodied in a material result (for example, transportation, storage, cultural and entertainment services), since such results also have a commodity form.

Property relations are not a legal category. These are actual relations, economic in their social nature, subject to legal regulation, i.e., formalization, streamlining.

They embody the commodity economy, the market organization of the economy. At the same time, they reflect both the statics of this economy - the relations of ownership, appropriated material goods, which constitute the prerequisite and result of the exchange of goods, and its dynamics - the relations of the transfer of material goods, that is, the actual process of exchanging goods (things, works, services). It is clear that both these sides are closely connected and interdependent: barter is impossible without the appropriation of its objects by the participants, and appropriation in most cases is the result of barter.

Property relations, which are the subject of civil law regulation, have some common features.

First, they are characterized by the property isolation of the participants, which allows them to independently dispose of property and, at the same time, bear independent property responsibility for the results of their actions.

Secondly, as a general rule, they are of an equivalent and compensated nature, characteristic of normal commodity exchange, cost economic relations. Of course, gratuitous property relations are also possible (for example, donation, gratuitous loan, gratuitous use of other people's property, etc.). However, they are secondary, derived from reimbursable property relations and are not the usual form of barter.

Thirdly, the participants in the relations under consideration are equal and independent of each other and are not in a state of administrative or other power subordination, since they are independent commodity owners.

1.2.2 Personal non-property relations

The subject of civil law includes personal non-property relations related to property relations. These are relations for the creation and mainly use of the results of intellectual creativity (works of science, literature and art, inventions, industrial designs, computer programs, etc.), as well as means of individualization of goods and their manufacturers (trademarks, trade names, etc.). . P.).

The features of this group of social relations are determined by the intangible (non-material) nature of their objects, which are ideas, images, symbols, although expressed in some material form. They, as a rule, are closely, inextricably linked with their creators or carriers (because the idea, for example, of an invention, algorithm or novel, remains forever in the head of their creator and cannot be irretrievably alienated to other persons even if he wishes). Nevertheless, these objects can be used as commodities, and the relations that develop over their use acquire a commodity form, become property relations. Some of them, such as industrial designs or means of designing the individualization of goods or their manufacturers, cannot exist at all outside the commodity circulation. This is the relationship between the non-property relations under consideration and property relations.

But such relations usually do not lose their basic, non-property nature, because most of them can exist outside the framework of commodity exchange, without a direct connection with the form of property. Thus, relations of authorship for works of science, literature and art or for an invention arise regardless of the possibility of using the corresponding objects as goods in property circulation. All of them, however, are based on public, state recognition of the creators or carriers of the corresponding intangible objects as their authors or owners and the protection of their interests from any encroachment, i.e., they are absolute.

Moreover, the property side of these relations always acts as a dependent, derivative of their non-property nature, because it is always predetermined by the presence of this latter. At the same time, it is their connection with property relations that determines the possibility of their civil law regulation.

These relations require, therefore, a special legal formulation. It is achieved by recognizing the creators or carriers of the corresponding intangible objects of special, exclusive rights, by their legal nature, to a certain extent close to property rights. The execution and exercise of these rights is governed by copyright and patent law (sometimes covered by the conventional concept of "intellectual property"), as well as by the institution of so-called industrial property (which determines the legal regime of means of individualization of goods and their producers).

The subject of civil law regulation also includes the protection of inalienable human rights and freedoms and other non-material benefits. We are talking about such benefits as human life and health, dignity of the individual, her honor and good name, business reputation (the latter may also apply to legal entities, in some cases also having a property aspect), personal and family secrets, the right to a name, immunity private life, etc. With regard to the named objects, only purely personal, non-property relations can develop, because they cannot become the subject of barter. These benefits are inseparable (inalienable) from the human person and cannot be transferred to other persons or terminated for any reason.

2. Civil law method

2.1 Civil law method of regulation of public relations.

In order to delimit the subject of civil law regulation from the circle of relations regulated by other branches of law, it is necessary to take into account the method of legal regulation. In the theory of law, it is understood as a set of techniques and ways of influencing social relations.

There are two methods of legal regulation:

§ method of power and subordination (method of subordination, imperative method);

§ method of equality of participants in legal relations (method of coordination, dispositive method);

The first variety is typical for public law, the second - for private, including civil.

The main features of the method of civil law regulation are:

§ legal equality of participants in civil legal relations;

§ autonomy of will of the participants;

§ property independence of participants in civil legal relations;

The civil law method is a way of influencing social relations that is permissible, characterized by endowing subjects on the basis of their legal equality with the ability to possess rights, optionality and initiative, ensures the establishment of legal relations on the basis of legal and property independence of the parties.

The main and most important features of the method of civil law regulation are the following:

1. Equality of participants in civil relations. Subjects of civil law - individuals, legal entities, the state and administrative-territorial entities - have equal grounds for the emergence, change and termination of subjective civil rights among their carriers, regardless of material and social inequality, from organizational and imperious dependence on each other, and as well as equal grounds for liability for torts. For example, the rights of all owners are protected equally (clause 4, article 212 of the Civil Code of the Russian Federation), that is, we are talking about the equality of the legal status of participants in civil circulation;

2. Autonomy of the will of the participants in civil law relations, which means the ability and ability of a person to independently and freely form and exercise his will. So, individuals and legal entities acquire and exercise their civil rights by their own will and in their own interest (clause 2, article 1 of the Civil Code of the Russian Federation). The Civil Code of the Russian Federation contains an open list of grounds for the emergence of rights and obligations: from a court decision, as a result of the acquisition of property on grounds permitted by law, as a result of causing harm to another person, as a result of unjust enrichment and a number of others (Article 8).

However, at the basis of the emergence of most of the relations between the participants in civil circulation as equal and free subjects in their will, there is an agreement, i.e. their initiative volitional act;

3. Property independence of participants in civil legal relations, due to the nature of these relations. This means that in most property relations they act as owners of separate property, endowed with managerial independence.

Thus, the right to possess property and make transactions with it is included in the content of the legal capacity of a citizen (Article 18 of the Civil Code of the Russian Federation). As for a legal entity, its property isolation is enshrined by the legislator as a constitutive feature (paragraph 1, clause 1, article 48 of the Civil Code of the Russian Federation);

4. Protection of violated civil rights as a measure of the possible behavior of an authorized person, which includes a number of opportunities that ensure the implementation of a subjective right at its various stages and in various situations.

Participants in civil legal relations have an equal right to protection and are free to choose a specific opportunity for protection. In particular, this manifests the equality of participants and the discretion of civil law norms. So, participants in civil legal relations can protect their violated rights immediately at the time of their violation through self-defense (Sg. 14 of the Civil Code of the Russian Federation) or by applying operational measures provided for by law on their own initiative. In addition, the law provides for judicial protection of civil rights (Article 11 of the Civil Code of the Russian Federation) as the main way to protect violated rights, when a dispute between the parties is resolved by a body that is not administratively related to any of the parties.

At the same time, the victim, applying to the competent state or public authorities with a demand to apply measures of a state-compulsory nature to the offender, may use the mechanism of civil liability. Protection of civil rights in the administrative order is applied as an exception;

5. Civil liability is characterized by the fact that it has a compensatory orientation that meets the principle of full compensation for losses or harm, i.e., the impact is not on the personality of the offender as such, but on his or the third parties specified in the law, the relevant property areas.

Similar requirements are met by the protection of personal non-property rights, which provides for property-value measures of influence, for example, monetary compensation (clause 1, article 1101 of the Civil Code of the Russian Federation). In other words, for civil law, it is not punitive measures that are important, but the restoration of property or personality on the law of the situation that existed before the fact of the offense.

Thus, civil law is a branch of law, which is a set of legal norms governing property and property-related personal non-property relations based on equality, autonomy of will, property independence of their participants.

In addition, civil law means:

1. Science as a system of knowledge about civil law phenomena and as an activity for the production of new knowledge.

The subject of the science of civil law is civil law as a branch of law, civil legislation, acts containing civil law norms, other sources of civil law, public relations regulated by civil law, and law enforcement practice.

The result of studying the subject of the science of civil law is a formed doctrine of civil law, consisting of a system of interrelated and mutually agreed upon concepts, views, conclusions, judgments, ideas, concepts and theories.

In civil law, general and particular scientific research methods are used: dialectical, comparative law, complex analysis, a systematic approach, specific sociological research, etc.;

2. Training course as a system of information about civil law knowledge.

The task of civil law as an academic discipline is to teach those norms of civil law and the practice of their application, which together form civil law as a branch of law. For the fruitful development and study of civil law as an academic discipline, communication and interaction with basic sciences and academic disciplines, in particular with philosophy and economic theory, is necessary. At the same time, successful learning is possible only if it is based on the results of scientific research;

Conclusion

Finally, summing up your control work, you can draw a conclusion from this by examining and summarizing all the main characteristics of civil law. And we can give the following definition.

Civil law is a system of legal norms that make up the main content of private law and regulate property and related personal non-property relations based on the independence and property independence of their participants, by the method of legal equality of the parties in order to empower individuals with the ability to self-organize their activities to meet their needs and interests.

Literature

1. The Constitution of the Russian Federation.

2. Civil Code of the Russian Federation.

3. Civil law. Textbook. Part I. / Ed. A.P. Sergeeva, Yu.K. Tolstoy. - M.: PROSPECT, 2003. - 256 p.

4. Commentary on the Civil Code of the Russian Federation [Text]: (article by article): part one / A.K. Gubaeva, A.P. Sergeev, N.D. Egorov, I.V. Eliseev, A.V. Konovalov, E.A. Krasheninnikov, A.K. Gubaeva, A.P. Sergeev, N.D. Egorov and others; ed. N.D. Egorova, A.P. Sergeyev. - 3rd ed., revised. and additional - M. : Prospekt, 2005. - 304 p.

5. Pilyaeva, V.V. Civil law [Text]: general and special parts: a textbook for universities / V.V. Pilyaev. - M. : Knorus, 2005. - 800 p.

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