Civil law subjects are the main participants of civil turnover
The standard structure of civillegal relations is represented as follows: legal and physical persons, as well as the state. The presented three basic elements and cause the appearance in the legal science of the concept of "subjects of civil law". But the components indicated do not reflect the whole essence of this phenomenon and require detailed consideration.
Detailed subjects of civil law
Strictly speaking, all subjects are divided into two categories: non-state and the state itself. Non-state participants in this discipline are legal entities and individuals.
The latest in the industrya fundamental element. Without them, the private-law sphere of relations can not exist. In the special legal literature there is a definition of "citizens", which denotes the basic element of civil law subjects. However, such a designation of the fundamental component seems erroneous, because in legal relations also enter non-citizens, namely: foreign nationals and stateless persons. So, all these three categories in civil legal relations theoretically act on an equal footing, having in the majority equal legal personality.
The legal personality of individuals appears withthe moment of their birth in full accordance with the legislation in force in the country. Its ending comes from the moment of a person's physical death, with a number of exceptions, also established by the legal field of the state.
Non-state subjects of civil lawinclude legal entities that are derived from physical entities. Such participants of private-law relations arise only on the will of the latter and endowed with legal personality, depending on the goals set by the individuals who created them. In this regard, there are 2 general types of legal entities - non-commercial and commercial. The very distinction of species makes it clear what goals they pursue: in the first case, the main tasks are those that are formally not subject to profit. In the second - all activities are aimed at extracting dividends from the establishment and operation of a legal entity. Despite such different goals, both of them are distinguished by the fact that the legal personality of legal entities appears only at the time of their registration and disappears only at the time of annulment by state authorities. In addition, it is worth remembering that the legal personality of individuals is not theoretically limited, and in legal entities it is clearly outlined by statutory documents.
The question arises as to whether it is possible to relateto this group of municipal and state enterprises? In this case, we should consider these subjects of civil law as active participants in civil traffic, who do not have privileges to other entities.
The state in the private legal sphere isdouble role. So, both subjects and objects of civil law are able to include it in their composition, however, with certain limitations. But as a subject, the state participates in private law relations on an equal footing with the other participants, and in its legal personality is equated to individuals. Activities are carried out with the help of the institution of legal representation (as a rule, these are special decrees and decrees). But it is worth mentioning that it is the state through its legislative bodies that sets the framework for possible behavior in the private legal sphere, and at the same time it is obliged to observe these limits on a par with other persons.
The subjects of civil procedural law - their relationship with participants in private law relations
The most common mistake is thatBetween the subjects of the material and procedural parts of the private legal sphere an equal sign is put. This situation is unfair, because in addition to the already described elements of private law relations, the judicial and executive bodies are included among the participants in the civil process. Thus, subjects of civil procedural law include subjects of civil law, as well as law enforcement agencies of the area of private relations.
In connection with the above, it is worth making a remark onThe fact that in the private legal sphere the leading role in establishing the method and scope of regulation is played by the subjects. And the objects of civil law in this case are only as a factor, which further discloses the essence of the applicable law.