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Subjects and objects of civil law relations

Subjects and objects of civil law relations


The subjects of civil relations are natural and legal persons that enter into a civil-legal relations regarding property and moral values. In some cases, the subject of these relations may be the state.

For individuals are citizens of Ukraine, foreign citizens and stateless persons.
In recognition of the subjects of civil law requires a civil capacity, that is their right and capacity.

Civic capacity is the ability of people to have civil rights and bear civil responsibility.

The legal capacity of a citizen of Ukraine arises from the date of birth and ends with his death (or the recognition of citizen dead.

Legal capacity as a social and legal quality is recognized for all citizens, which should be equal before the law. It is fixed in the civil law as equal for all and for all, regardless of origin, social status, wealth, race, ethnicity, gender, education, language, religious beliefs, type of occupation, residence, etc. No citizen during his life can not be deprived of his civil capacity, but may be restricted in it.

Civil capacity - is the ability of citizens, through their actions acquire civil rights and to create for himself civil obligations, ie, its ability to control their own rights and take responsibility for their actions.

The volume of civil legal capacity depends on the age and mental health of an individual. Consequently, civil majority is divided into the following types: full capacity; partial capacity, minimum capacity, diminished capacity, recognition of citizen incompetent.

Legal entities are recognized organizations that have separate property, may acquire property and moral rights and obligations as a plaintiff and defendant in the courts.

The legal attributes of a legal entity are: organizational unity, the existence of separate property, the opportunity to speak in public circulation on its own behalf, the ability to independently bear the financial responsibility.

Legal persons are endowed with civil personality, that is, legal capacity and civil capacity, which occur simultaneously with the moment of their state registration.

Legal capacity of legal entity determined by the nature and content of the entity, such as Legal Services and Legal Advice Provided the charter of the organization. The civil capacity under the respective bodies of the legal person, which can be as edinonachalnye and collegiate (or in combination with each other).

Depending on the nature of property distinguish the following types of entities: state, collective, lease, joint stock, joint, with the participation of foreign entities, private, family, religious, etc.

The object of civil legal relations, there are concrete benefits, about which actors enter into a specified legal relationship.

Among such benefits should be called material things and spiritual values. These include, inter alia, include: the thing; action (including services), the results of intellectual creativity, moral good.

Things - all items of the material world that can satisfy the specific needs of people. They constitute the material basis of society.

Things are divided into the following types:
means of production (raw materials, fuel, spare parts, buildings, transport and communications, etc.) and consumer goods (food, clothing, shoes, household items, etc.);
Items that are in public circulation, then there are things about which there is no prohibition against free trade items, limited in public circulation (hunting weapons, some medications, etc.), things taken out of the civil turnover (narcotics, precious metals and stones in their raw form, etc.);
individually identified (the picture of the artist, gift, etc.) and tribal (sugar, flour, bricks, etc.);
interchangeable (generic things) and irreplaceable (individually certain things);
Consumer (incidentally, that after consumption ceased to exist, - food, etc.) and non-use (things that are in for a long time - a car, house, etc.);
divisible (things that in the event of losing the purpose of the section, - TV, car, etc.) and indivisible (grain, cement, liquid, etc.);
Main and accessories (violin and case for it and milling machine to him, and so on);
fruit (fruit of fruit trees, animal litter, etc.) and income (the result of exploitation the owner of certain things - money, etc.);
mobile (vehicles, etc.) and fixed (land, buildings, businesses, etc.);
Money and securities (stocks, bonds, obligations of the state treasury, savings certificates, promissory notes).

Objects of civil legal action and include persons with legal significance (eg, actions to recover damages) and related services (eg, home repair, car).

In addition, they should include the results of intellectual work protected by law (scientific, literary and artistic works, discoveries and inventions, industrial designs, trademarks, etc.).

One of the objects of civil legal relations are moral benefits, which include honor, dignity, name, life, health, etc.

 

 
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