Is There a Reqirement for Efficiency in Civil Legal Process

Citizens of every country in the world in a different wayinteract with each other. Communication can take place at various levels. There is such a thing as "civil legal relationship". What is hidden under this term, what are the main signs of such a relationship? About this and talk in the framework of this article.

What is a civil legal relationship?

First, let's define the subject of our small research. When there is a civil relationship? What are their features and signs?

In everyday life, people enter into differentcommunication - social, business, political. A significant percentage of interaction within these and other environments is regulated by the norms of law. The main volume of relations between people is occupied by those that have mainly a civil-law character. Actually, the main factor in the formation of the relations in question is the availability of appropriate legislative norms, their regulatory.

The foundations of civil legal relations are,first, the regulatory basis, and secondly, the actual actions of people falling under regulation. Thus, the state that acts as a legislator directly participates in how the subjects of the society interact.

The next point, which requires detailed consideration, is the structure. Elements of civil legal relationship are different. About this - further.

Elements constituting civil legal relations

There are two main interpretations of the term, whichthere is a speech. According to the first, the elements of a civil legal relationship are identified with "subjects". They, in accordance with a common definition, are the participants of the relationship, who became carriers of subjective rights, as well as civil duties due to the operation of the norms of law. Elements of civil legal relationship - this, in this case, the subjects of action, some activities.

Note that the above definition inthe relevant legal acts in force in Russia are not present, it is replaced by the concept of "citizens" and identical with it in some cases, the term "individuals", as well as the phrase "legal entities" - depending on the context and direction of regulation. Also, subjects are distinguished, that is, elements of a civil legal relationship, as public state or municipal formations. For example, such a republic or a city. At the same time, in the case of law enforcement practice, they are equalized, if required by the context, to legal entities. In some cases, the nature of the subjects is such that it is difficult to classify them. For example, a party within the framework of the same transaction may be a natural person, as well as a head of a legal entity.

There is another interpretation of the term "elementscivil legal relationship. "According to it, not only the subjects, but also other components that are part of the relationship as a process are implied, in which case the elements of the civil legal relationship are presented (based on the classification that is common among Russian lawyers) with the following spectrum:

- Actually subjects (physical persons, legal entities);

- content of the process of legal relationship (actual rights, duties);

- the object of the origin of the relationship (something that simultaneously affects the interests of the subjects).

Thus, the first treatment is a narrower one,the second is much wider, but both have the right to exist. However, we are now interested in another question: "What are the elements and types of civil legal relations?" Let us turn to their consideration.

Types of relations of civil law character

Criteria for classifications that define speciescivil legal relations, among Russian lawyers quite a lot. But the main two. The first is the grounds for civil legal relations, which can be either property or personal. The second is the nature of mutual communications. He, according to a common definition, can be absolute or relative. We also note that in some cases a criterion is applied, which is based on the mechanism for realizing the interest of a person who has the appropriate rights - real or obligatory. Other notable reasons for classification include legal status of subjects of legal relations, the ownership of the regulatory law to regulatory or protective.

Many lawyers say: The conditional border can have both elements and types of civil legal relations. In law enforcement practice, in a number of cases it is very difficult to classify the nature of certain transactions. This may be characteristic, for example, of areas subject to intellectual property laws. There can be present both property and personal signs of the relationship.

Some experts prefer to allocatea separate category of civil procedural legal relations. Their main feature is that the relevant communications are carried out within the framework of legal actions. However, the nature of such disputes is civil. As well as legislation, based on the norms of which decisions are made in favor of one of the parties.

Civil procedural legal relationsarise in cases where each of the parties honors the law, relying on their own criteria. Or, whether it is voluntary or not, it violates the relevant regulations, as a result of which the opponent can not exercise his rights.

Authority and duty

Having considered what the structure is, the elementscivil legal relationship, we can study such properties as the authority and duty that take place when concluding transactions within the framework of appropriate communications. What are these phenomena? The fact is that each of these notions is peculiar to the parties exercising legal relations. In this case, participants in transactions can be empowered and obligated at the same time. This applies, for example, to the majority of contracts between businesses. For example, contracts specify not only the rights of the seller and the buyer, but also their obligations.

Objects of civil legal relations

Having considered the concept and elements of civilwe can study such an aspect as objects of the corresponding type of communication. What are the criteria for determining them? Russian experts prefer to adhere to this formulation: the object is the subject of the orientation of the subject's actions. That is, what is affected by the relevant elements of civil legal relationship. At the same time, the specificity of civil law lies in the fact that it regulates mainly the boundaries of the behavior of the subjects. That is, in the course of the exercise of rights and duties, the elements of legal relations govern, first of all, their behavior. And in this case it (the behavior) will be the object of corresponding communications. In addition to him, the object of legal relations, according to another common theory, can be various kinds of goods - property, finance or intangible resources.

If the concept and elements of civillegal relations, in principle, are classified by lawyers within more or less generally recognized criteria, then as for the objects of the corresponding communications, here everything is not so unambiguous. Scientists and practitioners dealing with civil law issues do not have a generally accepted point of view on this issue. There is, in particular, the opinion that the relevant legal relations may not have an object at all, others object, considering that the interaction of communication entities in this case does not make sense. There are lawyers who believe that the object can not be divided into that component that reflects the behavior of the elements of the legal relationship, and that which is related, in fact, with the benefits.

The mechanismdefinition of objects of civil legal relations, based on three criteria - legal, ideological and material. The first determines the behavior, the second characterizes the will of the parties, the third - types of goods.

Content of legal relations

Having studied the objects that characterize civillegal relations, concept, elements, types of corresponding communications, we can proceed to such an aspect as content. What are the features of its formation, according to the theses of Russian lawyers? In the expert environment there is a point of view: the content of civil legal relationships is determined by mutual rights, as well as responsibilities related to the subjects of communications. Their structure is seen by experts as very diverse. In particular, some rights may include only one power, others - several. For example, with regard to property, the owner can both use and dispose of it.

The emergence of civil relations

We studied the elements of civil legal relationship,content, subjects, objects. Now it is worth paying attention to such an aspect as the grounds for the appearance of appropriate communications. First of all, we note that laws reflecting the norms of law can not serve as a basis for the emergence of rights and obligations. They only provide for the mechanisms that can become such a basis. In this case we are talking about the so-called legal facts. There are a lot of grounds for their classification. But all of them, on the whole, boil down to the emergence of certain life circumstances that predetermine the will of the parties to conclude a transaction that has a civil-law character.

Non-property civil relations

Among lawyers there is an opinion that the verya common type of legal relations - property relations. But the more interesting it will be to study the variant that complements it. That is non-property relations. The criteria for their classification are quite complex. Experts prefer to subdivide non-property legal relations into two types - those that are in no way connected with the material aspect (that is, absolutely personal), and those that somehow affect it in some way. Spheres that can reflect relations of the first type are copyright, intellectual property. And also those areas of communication that reflect exclusively personal legal relations - honor, dignity, human rights, etc.

Relations within the framework of business entities

We discussed what a civil relationship(concept, features, elements that form it). But we mainly talked about aspects that reflect the communications of natural persons. It will be equally useful to consider the nuances characteristic of the participation of organizations in civil legal relations.

The main problem area here is communication,reflecting the creation, maintenance and termination of the activities of legal entities, as well as the relations carried out by organizations related to economic activities. In some theoretical concepts that are common among Russian lawyers, civil legal relations (concept, elements, and types have been discussed above) are closely related to the so-called organizational ones.

Classification of processes characteristic ofThis kind of communication is quite complicated. There are enough discussion moments. In particular, among lawyers there are some disagreements related to the legitimacy of institutionalizing relations with civilians as such. Experts who believe that this type of communication can not be combined in one category with those that characterize the interactions of natural persons, argue their point of view with a high frequency of occurrence in the organizations of ties that imply subordination. In turn, civil law assumes, first of all, the equality of participants in transactions. Opponents of such experts believe that the stated point of view is only fair in part - it reflects internal corporate processes. In fact, most of the agreements in business are between the parties that are in equal status. Transactions are formalized, therefore, in accordance with civil law.

Another subject of discussion is whetheris the interaction between businesses unequivocally proprietary? Above, when we considered the elements of a civil legal relationship, its content, we did not identify the relationship between corporations in a separate type of transactions. There are two points of view in this regard among experts. According to the first, the appropriate communication in business is legitimate to separate into a separate, independent type, which can combine the signs of both property relations and personal ones. Another position is based on the fact that today Russian legislation does not contain wording that would somehow separate the legal relations that arise between legal entities, from typically "civil" ones. However, the fact that organizational communications have features that make it in some cases completely dissimilar to property or personal transactions, in principle, is not contested in the expert environment. In practice, these differences can be expressed, for example, in the ways of protecting the rights determined by law, other algorithms for resolving issues in the courts, other depth of responsibility, and so on.

Legal relationship absolute and relative

So, on the agenda are elements of a civil legal relationship. The general characteristics of their species are given above. It will be useful to study in more detail what absolute and relative communications are.

Concerning the first - the authorized party of the transaction(or other mechanism for the realization of rights) interacts with an indefinite circle of entities - "third parties". The realization of the relevant interests is carried out by the person through his own activities. In turn, those participants in the transaction, whose list is not defined at the level of personalities, must recognize the relevant authority of the other party. In practice, absolute civil legal relations can be expressed in the possession of any property, including intellectual property.

So, relative communications meanparticipation in the transaction of entities whose identity is clearly recorded in the contract or other source, and the authorized party is acquainted with them. As to the content of the relevant agreements, then, as a rule, those who are obligated parties must perform certain activities in favor of the authorized subject. In practice, this can be expressed in the conclusion of contracts of contract, provision of services, delivery of goods, etc.

Relationships in kind and obligatory

Considering the elements of civil legal relationship and types of civil legal relations, we identified a category such as real and obligatory communications. Let us now consider it in more detail.

Not all experts believe that the allocation of property andmandatory legal relations in a separate type is legitimate. At least because they are in many cases very similar to absolute and relative. Almost always, some lawyers say, it is possible to dispense with the classification of communications into the latter two types. To engage such categories as substance and compulsion, has no practical meaning. At the same time, many experts consider this approach not the most modern. The fact is that the elements of a civil legal relationship and their characteristics in the aspect of the species diversity of communications are the subject of the study of legal science, the methodological concepts for which are regularly changed. Moreover, the legislation is also evolving.

Supporters of the allocation of real and obligatoryrelations in a separate category in the example are excerpts from the Civil Code of the Russian Federation. There is a noteworthy section in the Code. It is called "Ownership and other proprietary rights". Another argument is based on the fact that not all absolute rights can be real things. As well as relative, they can not always be obligatory in practice. It is in those cases when facts of both types are fixed, it makes sense to talk about corporeal and mandatory rights as separate types of civil legal relations.

We turn, however, to the specifics. What are the criteria for determining real and mandatory rights? In the environment of experts, the most popular is the one that reflects the way of realizing the rights and interests of the empowered party. If it is a matter of property relations, this is done through activities in relation to property. Third parties in this case should not take any action that could prevent the owner from exercising his right. In turn, the obligations of a legal relationship imply that the interest of an authorized person is realized by the performance on the part of the obligated participants of just certain activities. In practice, this can be expressed, for example, in the prescription to transfer the property to the possession of another person.

Regulatory and protective legal relations

Let's consider one more criterion of classificationrelations, which we noted above. There are security and regulatory communications. What is the difference? Everything is very simple. Regulatory are aimed at regulating communications between entities based on the possibility of realizing their rights and interests under normal conditions. In turn, protective legal relations imply mechanisms in which the activities prescribed by law are used to protect the rights and interests of communication entities.

There is an opinion that protective legal relationsthey mainly mean a judicial decision of possible disputes. In turn, regulatory communications involve mechanisms that allow parties to transactions to determine someone's case without initiating the relevant proceedings. At the same time, both types of communications, as a rule, are logically connected with each other. Protective relationships arise, if only the regulatory norm is violated or challenged by any party (usually obliged). The result of appropriate communications is most often the development of a new norm that supplements or alters the existing one. It is also possible that protective relations are implemented in a preventive manner, when one or another subject considered that there is a possibility that the other party to the transaction may violate the current regulatory rate.

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Is There a Reqirement for Efficiency in Civil Legal Process

Source: https://erch2014.com/zakon/110018-elementy-grazhdanskogo-pravootnosheniya-ponyatie-i-vidy-grazhdanskie-processualnye-pravootnosheniya.html