Legal encyclopedia. Letter D

CIVIL LAW

- a set of rules governing property and personal non-property relations that arise between citizens and legal entities. Participants in civil turnover are equal and economically independent.

The subject of GP are relations with respect to property and non-property relations regulated by GP rules. Property relations are relations arising over various property for satisfying the material and spiritual needs of citizens and organizations associated with owning, using, disposing of this property by the owner Or non-owner. Property relations have economic content. Non-property relations are relations arising from intangible benefits. Unlike property relations, they do not have economic content, they are not separable, not alienable and inextricably linked to their

Carrier.

The GP method is a system of interconnected means, methods and methods, by means of which the effect on

Civil-law relations between the participants. GP method is dispositive, characterized by equality of participants in legal relations, their property

Independence, as well as the possibility of self-determination by participants in legal relations of their behavior and the possibility of protecting their violated rights.

The functions of GP (educational, rehabilitative, regulating, protective) are its action in certain directions.

Principles GP - initial principles of civil law regulation

Public relations, universally binding ideas characterizing GP in general. The Civil Code of the Russian Federation establishes the following principles:

1) the principle of the unity of legal regulation of property and related non-property relations, regardless of their participants;

2) the principle of equality of participants in civil law relations, which

Means that all subjects in GP do not have any advantages among themselves;

3) the principle of inviolability of property, in accordance with which the norms of GP provide owners with the possibility of a stable exercise of eligible actions for the possession, use and disposition of property and the impossibility of depriving their property other than by a court decision;

4) the principle of freedom of the contract provides for the discretion of the subjects of the GP to discretion both in the choice of partners under the contract, and in the choice of the type of contract and the terms on which it will be concluded, which provides for the refusal of the legislator to compel the conclusion of a contract on the basis of binding plans for the parties -administrative acts;

5) the principle of inadmissibility of interference of anyone in private affairs means that state authorities and local self-government do not have the right to interfere in the private affairs of GP subjects if they carry out their activities in accordance with the law;

6) the principle of ensuring the restoration and universal protection of violated rights. The possibility of appeal

Decisions, actions (inaction) of public authorities, local government authorities, public associations and officials in court;

7) the principle of freedom of movement of goods, services, financial resources throughout the territory of the Russian Federation, in accordance with which the subjects of the Russian Federation and other persons are not entitled to establish any local rules (customs borders, duties, fees) that impede the free movement of goods, services and Financial means in the single economic space of the Russian Federation. Restrictions are allowed only in accordance with federal laws, if this is related to ensuring the safety of people's health and life, nature protection and cultural values.