The Civil law

Civil-law forms of protection of the rights and legitimate interests of businessmen in the Republic of Kazakhstan

Civil legislation of the Republic of Kazakhstan

The Civil law

UNIT 6. THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN

6.3 The entities of Civil Law

6.4 The items in civil rights

Civil law regulates property relations arising from the use of commodity-money form, related personal non-property relations and the civil legislation of non-personal non-property relations between the subjects of these relations. Civil law represents an important branch of the law. This is due to:

First, civil law regulates the basic everyday relationships of individuals and organizations. Even before the birth of civil rights law provides protection for its possible interest in case of inheritance. Since the birth of the citizen has a chance to be a member of different relationships. Organization at its origin gets a certain name and the right to be members of a corresponding to the objectives of its activities. Things belonging to individuals and organizations by the civil rights - all these and many other relations are governed by civil law.

Second, civil law governs primarily the necessary relationships.

Civil law is practical. Each lawyer has to know the rules of civil law. Case in civil law constitute a significant part in the court and all the cases in arbitration. Increasing the share of civil cases in the legal advisers and lawyers. Therefore, it is necessary to know the civil law to address civil plaintiff and civil defendant, on the civil suits, and more. Finally, knowledge of civil rights is essential for the development of legal thinking.

One branch of law is different from the other on the subject of legal regulation, that is, on those social relations, which are regulated by each industry law. The subject of civil law can be broadly defined under the Civil Code: this property and related personal non-property relations. Property relations develop between people about the property, that is, that a person has. Relations of possession, use and disposal of things, without regard to whether these actions are carried out by the owner or non-owner, are always the character of the property due to the presence in them of a real object. Property relations are the same in nature and property in cases where the owner himself enjoys a thing belonging to him, and when he sends his thing to another person, whether for consideration or free of charge. Property nature are also against the owner with the employer, donated by the user, the contractor, the custodian and others about things, regardless of whether these relationships for consideration or free of charge.

Most of these relationships have economic content, determined by the fact that they emerge and develop over the economic value, the economic value of things is not necessarily a sign of such a relationship. Property and will be on the relationship of the thing, which has no economic value, but due to a personal interest of the owner.

Relationship, the subject of which do not serve things are only in the nature of the property, where they intended to provide economic values: payment for the act committed, damages, property sanctions - or are they the result. This also includes assignment of claims and assumption of debt, with the aim movement of material goods. Thus, property relations are about things and other material wealth is there as well as non-cash. The relationships of the objects which are not related to the transfer of items and other material goods, or intangible cronyism, is the ratio of non-proprietary.

Consequently, property - a relationship over the ownership, use and disposal of things, as well as other relationships related to the transfer of wealth.

Moral relations are the subject of civil regulation, are divided into two groups with different histories and different rationale. One group of personal relations belongs to the subject of civil rights because of their connection with the property relations regulated by civil law.

Here and other objects are not separable from the individual (e.g., honor and dignity), and there is no direct connection with the property relations that could cause data ownership relations to civil law. Therefore, the assignment of some personal benefits to the subject of civil law has the character of exceptions in the cases provided for by law.

Дата добавления: 2014-10-17