Principles of civil law: structure and content
Civil law is inalienablecomponent of the legal system of any state. Existing functions and principles of civil law ensure the stability of the entire legal system of the state and its integrity. But being a part of this integrity, civil law has a number of specific functions, the main of which are:
- the regulatory function ensures the formation of adequate conditions for the development of the economic system of society;
- protection function aims to ensure the implementation of civil rights;
- the compensatory function assumes the authorization of deviations from the norms of civil law.
The main attribute of this system are the principlescivil law, representing the most important attitudes and requirements, according to which lawmaking in the given branch is carried out. Among the most important are the principles:
- permissible orientation, whichassumes that subjects of civil law take the initiative and have the necessary freedom in the field of civil relations. Here the principle "everything that is not prohibited by law" is implemented;
- equality of the legal regime, which establishes thatall subjects within the framework of relations regulated by this industry are equal among themselves. This rule equally applies both to the relationships of individuals, and to the relations in which legal entities participate. The principle also presupposes the possibility of the legal establishment of exceptions that are applied in accordance with the way in which the basic principles of civil law treat the specificity of certain types of activity (for example, due to the peculiarities of professional activity, some categories may be subject to increased requirements of civil regulation);
- inviolability of property, whichmeans that the principles of civil law and its norms provide the owners with the right to own, dispose of and use their property. Owners may, in their personal discretion, use their property, and its alienation can occur only by a court decision. The principle also establishes a rule of compulsory compensation in case of alienation of property for the needs of the state;
- freedom of contract, which is designed to providefreedom of subjects of civil relations in the independent and voluntary choice of partners under the treaty, the very type of contract, as well as the conditions under which it will be concluded. In addition, this principle stipulates cases of deviation from these rules, for example, an insurance company is not allowed to deny a citizen the right to enter into a personal insurance contract;
- inadmissibility of interference in personal matters,ensuring the protection of citizens from the actions of public bodies, including the organs of the state itself. If the activities of citizens are carried out in full compliance with the law, then other persons have no right to interfere in this activity. These principles of civil law are enshrined in the Constitution and international legal acts;
- rights, which implies thatpersons participating in civil relations have the right to demand from partners on these relations compliance with laws and compensation for material damage if it was inflicted;
- unimpeded implementation, suggesting,that all principles of civil law should help to overcome obstacles in the implementation of civil relations. This principle is reflected and specified in the Constitution of the Russian Federation, where article 34 states that no person can create local rules that will create obstacles to the free movement of economic and financial resources within Russia.
Thus, the principles under considerationcivil law are an objectively necessary element of the entire legal system of the state and ensure its effective functioning within the framework of existing legislation.