Civil Law System - Civil Law

Civil law system

Norms and civil law institutions usually refer to structural divisions of the civil law system, traditionally referred to as its elements. Some authors also identify sub-institutions and sub-sectors (super-institutions) of civil law. Here it should be noted that the sub-sectors (superinstitutions) and the sub-institutions of civil law are additional structural units of the civil law system. However, not every institution of civil law has in its composition sub-institutions. In addition, it should be noted that some authors prefer to use instead of the phrase "sub-sector of civil law" "civil law superinstitution", while the semantic load of this element of the civil law system does not change.

In our opinion, the civil law system is formed by civil law standards and their blocks , included in the civil-law sub-sectors, institutions and sub-institutions , the external expression of which can serve as structural elements of the most important act of civil law - the Civil Code, consisting of civil regulations, combined in articles and collections of articles: paragraphs, chapters, subsections, sections and parts.

So, the norms of civil law are the primary elements of the civil law system that make up all its other divisions. In particular, the norms regulating any kind of civil law relations are united in the institutions of law, and the norms regulating a certain sphere of civil law relations through institutions are combined in the sub-sector of civil law.

The sub-sector of civil law is the union of several related civil law institutions (ie containing general principals, which are inherent only in several civil-law institutions). Such, for example, is copyright law, inheritance law, and liability law as part of civil law. Here it should be borne in mind that certain branches of United States law, in particular land law, family law, are not subdivided into sub-sectors. Therefore, unlike a law institute, the sub-sector of law is not an obligatory component of every branch of law.

The sub-sector of law is divided into separate interrelated elements, which are the institutions of law. The civil law institute means a legally separated set of legal norms , providing for a comprehensive regulation of a relatively independent group of homogeneous and interrelated civil law relationships. For example, in the sub-sector of the law of obligations, such institutes of separate contractual obligations as contracts of sale, lease, contract, etc. are singled out.

At the same time in civil law there are institutes that are part of several branches of law , because they consist of the norms of different legal branches. Such institutions are called interdisciplinary or mixed. For example, in the civil law system, such institutions include the institution of state property. In addition, in the civil law there are simple and hacking complex (complex) civil law institutions, which, being large institutions, consist of smaller institutions called sub-institutions. At the same time, idle time, the institution of civil law includes the legal norms of only one civil law (for example, the institution of pledge in civil law). A complex (complex) institution of civil law is a relatively large institution that contains smaller structural entities - sub-institutions. In the framework of a complex (complex) institution of civil law, the so-called sub-institutions of civil law are singled out. Moreover, civil law sub-institutions are smaller sets of norms, which, however, also preserve the unity and homogeneity of their subject. For example, the civil-law institute of the contract of sale is divided into sub-institutions of retail purchase and sale of goods, supplies, contracting, etc .; institute of the lease contract - on the sub-institutions of rental, lease of vehicles, enterprises, financial leasing (leasing), etc. In this case, the general provisions of the relevant complex institution apply to the rules governing its sub-institutions. Thus, the general provisions on obligations and contracts apply to contracts of sale and lease (institutions), and contracts for supply and rental (subinstitution). In turn, the general rules on buying and selling apply to contracts for supply and contracting, and the general rules for leasing - on rental contracts for vehicles, rental contracts and financial leases.

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