CONCEPT, ELEMENTS, KINDS AND PHYSICAL PERSONS AS SUBJECTS OF CIVIL LEGAL RELATIONS
The purpose of the study : analysis and assimilation of the general preconditions for the realization of civil rights within the framework of civil legal relations; establishment of civil status of individuals.
After studying this chapter, the student must:
know that a civil legal relationship is a property or personal non-property relationship regulated by civil law rules or a corporate relationship whose participants are the bearers of civil rights and obligations; civil legal relationship can also mediate the protection of inalienable human rights and freedoms and other intangible benefits; subjects (participants) of civil legal relations are citizens (natural persons), legal entities and such public entities as the Russian Federation, its subjects and municipal entities; the content of a civil legal relationship form the subjective rights and duties of its subjects (participants); objects of civil legal relationship are not its element; on various criteria, civil legal relations are divided into property, non-property, corporate, real, exclusive, absolute, relative (obligatory), hereditary, monetary, shared, joint, recourse, simple, reciprocal, etc.
know how apply the rules of citizens registration;
acquire skills civil status acts of individuals.
Questions for the seminar lesson
1. Civil legal relationship: concept and elements.
2. Contents of the civil legal relationship.
3. Subjects (participants) of civil legal relations.
4. Classification of civil legal relations.
5. The legal capacity of a citizen (individual).
6. Citizen's capacity to act.
7. Entrepreneurial activity and insolvency (bankruptcy) of an individual entrepreneur.
8. Place of residence and registration of citizens.
9. Recognition of a citizen as a missing person and declaring him dead.
10. Guardianship and guardianship. Patronage.
11. Civil status in the Russian Federation of foreign citizens, stateless persons (stateless persons) and a person with dual citizenship (bipatrids).
Concept, elements and types of civil legal relationsis a property or property relationship that is regulated by the norms of civil morality, or a corporate relationship related to property that carries citizenship and responsibilities. Civil legal relationship can also mediate the protection of inalienable human rights and freedoms and other intangible benefits.
Such a treatment of civil legal relationship is shared by most Russian civilians. In their opinion, "legal relationship is the result of regulation of public relations by the rules of law. In the process of legal regulation of public relations, which constitute the subject of civil law, the legislator fixes in the dispositions of civil law norms abstract-possible rights and obligations that are addressed to undetermined subjects and which they must follow when the circumstances specified in the hypotheses of the norms are ".
Other authors, emphasizing the complexity and insufficient development of the legal relationship with legal science, also note that "existing between specific persons, legal relations act as legally fixed mutual behavior of these persons, regulated by the legal norms emanating from the state, and its implementation is ensured force of state coercion. " Legal relationship is a "public relation settled by law".
In other words, the legal relationship is "regulated by law and publicly held public attitude, whose members act as carriers of mutually corresponding each other legal rights and obligations." Thus, the essence of the legal relationship is that "with his help, legal norms regulate social relations". "Civil legal relationship" means a concrete, real public relation, clothed in a legal norm and resulting from the implementation of the rule. " It is nothing more than the actual connection of its participants and their actual interaction in a legal form.
The elements of a civil legal relationship are its content and subjects. In turn, the content of a civil legal relationship form the subjective rights and duties of its subjects (participants), in whose role are citizens (individuals), legal entities and such public entities as The Russian Federation, its subjects and municipalities. It is generally accepted that the interpretation of subjective civil law as a measure of permissible behavior of a subject of civil law.
Subjective civil law has its own content, consisting of legal opportunities (powers) granted to the subject. As a rule, various subjective civil rights include three legal powers: the right to own actions, which means the subject's ability to independently perform physically and legally significant actions; the power of the claim, which is an opportunity to demand from the obligated subject performance of the duties assigned to him; the power to defend, acting as a state-enforcement measure in the event of violation of subjective law.
The subjective duty is, on the contrary, a measure based on the law of the due behavior of a participant in a civil legal relationship. Obligation is expressed in the need for the subject to perform certain actions or abstain from them. In this regard, civil-law regulation usually distinguishes between passive and active duties.
The subjects of a civil legal relationship are citizens (individuals) and legal entities. Foreign citizens, in particular foreign workers, stateless persons and foreign legal entities, such as organizations with foreign investments, can participate in civil legal relations in the territory of the United States. Restrictions on the rights of these entities can only be provided for by federal laws. So, in accordance with Art. 19.1 of the US Law of 27.12.1991 No. 2124-1 "On the Mass Media" a foreign legal entity, as well as a Russian legal entity with foreign participation, the share (contribution) of foreign participation in the authorized (share) capital of which is 50% or more, a citizen of the Russian Federation who has dual citizenship is not entitled to act as founders of television and video programs./p>
There is an opinion that one of the elements of a civil legal relationship is its object, i.e. activity (behavior) of subjects of legal relationship or (if you follow the law, especially Article 128 of the Civil Code), the subject of this activity, in particular things, works and services, the results of intellectual activity, including exclusive rights to them (intellectual property). At the same time, other authors believe that the object of civil legal relationship is not its element. An object is what civil legal relations affect and what lies outside the legal relationship itself.
Types of civil legal relations
Civil legal relations are divided into many species according to various criteria. So, according to object (subject) of influence distinguish between property and personal non-property legal relations. The first include the legal relations of property, other real property relations, legal relations of intellectual property and obligations legal relations; to the second - legal relationship, related, in particular, to the authorship of the results of mental work, the name of a citizen, his personal and family secret.
A peculiar kind are corporate legal relations related to the participation of entities in corporate organizations or with their management.
Traditional, from the position of presence or absence of legal relationship of the right holder with third parties, is the division of civil relations into absolute and relative. In relative legal relations, the right holder (the authorized person) - the seller, the lessor, the insurer - is confronted by a certain obligated person - the buyer, the lessee, the insured, who, depending on the nature of the particular claim, can (alternatively, creditors and debtors) . In absolute legal relations (ownership of a thing, the exclusive right to the result of intellectual activity) to the empowered person, on the contrary, there is an indefinite circle of third (obligated) persons.
The same legal relationship can be classified for different reasons, thus forming a new classification heading. For example, depending on which & quot; stage of life & quot; thing or exclusive right serves the legal relationship, it can be interpreted as either real or an exclusive right constitution relationship or as obligation relationship. The first two types mediate the statics of rights to things or ideal results of mental work, the third kind is the dynamics of these rights.
According to other criteria, legal relationships can be divided into monetary, corporate, hereditary, equity, joint regression, simple, reciprocal, etc.
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