Corporate legal relations in civil law presentation. Civil law. Civil relations presentation for the lesson (grade 11) on the topic. Elements of civil relations
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Slide captions:
Civil law Participants in civil relations: individuals and legal entities, the state, constituent entities of the Russian Federation, municipalities... Objects of civil relations: things, money, services, information, intellectual property, health ... A set of rules governing property and personal non-property relations
property or personal non-property relations on the basis of the principles of equality, inviolability of all forms of ownership and the freedom to conclude contracts by their participants, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unimpeded exercise of civil rights, ensuring the restoration of violated rights, their judicial protection; civil law is the core of private law. Civil legal relations
Elements of civil relations Objects of legal relations Content of legal relations Subjects of legal relations
Subjects of civil law Citizens ( individuals) Legal entities State
Citizens (individuals) Civil legal capacity- the opportunity to have the rights and obligations specified in the laws: The right to private property- possession of movable and real estate Civil legal capacity - a conscious ability to exercise civil rights by one's actions. Up to 6 years - completely incapacitated 6-14 - generally incapacitated (disposal of pocket money) 14-18 - partial legal capacity (disposal of earned funds, but parents are responsible) 18 - full legal capacity(16-18 - entrepreneurs working; married)
Commercial and non-profit organizations who own or manage separate property, having the opportunity on their own behalf to enter into civil legal relations Factories, shops, schools, kindergartens, etc. Registration of a legal entity Legal entities
State Russian Federation, subjects Russian Federation, municipalities are organizations with powers of authority. Perform in regulated relationships civil law, on an equal footing with other participants in these relations - citizens and legal entities
Objects of civil legal relations These are the values about which subjects enter into legal relations in the field of civil law Things, money, securities, property rights Services and work performed Intellectual property in the form of results intellectual property Information Intangible goods
Rights and obligations that relate to the direct participants in this legal relationship The content of civil relations
A special category of civil rights that belong to him from birth are inseparable from him. These rights are not related to the possession and disposal of property The right to life (to live and control your life) The right to a name (the ability to change the name) The right to honor and dignity The right to health The right to privacy and its inviolability Personal moral rights
From birth, inseparable from a person. Not related to the possession and disposal of property Personal non-property rights The right to life The right to a name The right to honor and dignity
Exclusive rights of both personal non-property and property nature on results intellectual activity Intellectual Property Rights Copyright Patent Law(Intellectual Property Protection)
The transfer of the rights and obligations of the deceased person to his heirs in accordance with the rules of law inheritance testator First stage: children, spouses, parents Second stage: brothers, sisters, grandfather, grandmother By law, heirs By will
Arise in relation to the possession of any property or its transfer by one person to another Responsibility for the right of ownership Property rights
Property and personal non-property relations Property relations (the right to have, inherit property ...) Property relations (buyer - seller) Obligation relations (debtor - creditor) Personal non-property relations Directly not related to property relations (protection of dignity, honor, business reputation, interests ...) Directly property-related (copyright)
Things (property) Immovable: land, subsoil plots, isolated water bodies, buildings, structures, aircraft and ships, space objects. Subject state registration... Movable: money, securities ...
Transaction and agreement Transaction - establishment, modification and termination certain rights and responsibilities. Transactions are unilateral (power of attorney) and multilateral. A contract is a type of transaction in which two or more parties are involved. Types: contract of sale, donation, exchange, bank loan, construction contract, for the provision of services, insurance, lease of land, buildings ...
Measures prescribed by law aimed at restoring the violated civil right of the subject or ensuring this right Recognition of the right Restoration of the situation that existed before the violation of the right Compensation for damages and recovery of penalties Compensation moral damage Going to court Protection of civil rights
Sources of civil law. 1. Civil Code Main Regulator commodity-money relations in the country. (The first part came into force on 1.1.1995, the second part - on 1.3.1996) 2. Federal laws Regulating relations that are the subject of civil law. 3. By-laws Decrees of the President, decrees of the Government, acts of ministries and federal authorities executive power... 4. Other sources For example, custom.
Elements of civil legal relationship. content subjects objects subjects-carriers civil powers(rights) and obligations - Individuals, -Legal entities, - Russian Federation, - Subjects of the Russian Federation, - Municipalities, -Foreign states... - the participation of at least 2 subjects is mandatory; - the entitled (having rights) and obligated parties.
The content of the Powers (rights) and obligations of its participants (subjects) - the rights of one party necessarily correspond legal obligations another. Civil legal relationship (Divided depending on the content) Simple Complicated - one competence corresponds to one obligation (loan agreement) - one competence corresponds to several obligations (contract of carriage of goods)
2.Absolute and relative a) Absolute: - authorized person(the owner) is opposed by an indefinitely wide range of obligated persons, - the behavior of obliged persons is not to violate the rights of the Authorized Subject b) Relative: - one authorized person is opposed by a certain circle of obliged persons, (debtor-creditor) Depending on the number and certainty of the subject composition
3.Property and obligatory a) Proprietary: -the right is realized through his own actions (ownership), -protection property rights carried out on the basis of a property claim. b) Mandatory: -the right is exercised on the basis of the requirements of active action from obliged person-protection obligatory right carried out on the basis of a claim for compensation losses incurred... based on the method of exercising the authority belonging to its bearer
it exclusive rights both of a personal non-property and property nature on the results of intellectual, primarily creative, activities. Intellectual Property Rights Copyright governs relations arising in connection with the creation and use of works of science, literature, art, etc. Patent law regulates property and related personal and non-property relations arising in connection with the creation and use of inventions, utility models and industrial designs
Inheritance By law By will Valid when it is not revoked or changed by the will. A will is an act of disposition of tangible or intangible goods in the event of death
I've done the work Social teacher MBOU Lyceum No. 7 Rainikova Elena Vladimirovna
Civil relations, property or personal
non-property
relations governed by
civil
rights.
Principles of civil relations
mutual initiative,freedom of contract;
equality of the parties;
property independence
parties
Types of civil relations
PropertyProperty (by
about things
securities and
etc.)
Obligatory (
about the transfer
property,
performance of work,
provision of services)
Personal
non-property
Right to
intellectual
own
Personal
rights (right to
life and health,
honor,
dignity, name)
Material relations
In accordance with the Civil Code of the Russian Federation
the content of the ownership isbelonging to the owner of the following
powers:
.
The owner has the right
alienate your property into ownershipto other persons;
transfer to others while remaining
owner of the right to own, use
and disposal of property;
pledge property and burden it
in other ways, to dispose of it in other ways
way;
transfer your property to trust
control to another person (without transition
ownership)
In Russian federation
are recognizedequal
private,
state,
municipal and
other forms
property.
Find an example of a civil law relationship in the list and write down the numbers under which they appear.
1) sale of shares of the enterprise2) job interview
3) determination of the punishment for the crime
4) the contract of the publishing house with the author
literary work
5) agreement on the provision of medical services
Read the judgments below and indicate the correct ones.
1) Equality of the parties is one of the basic principlescivil relations.
2) Obligation arises about
transfer of property, performance of work, provision of services.
3) Material relations are realized when in them
at least two persons are involved.
4) The owner can transfer the right to use
thing to another person.
5) In the Russian Federation, land cannot be in private
property.
Applications of consumer properties of things are called
1)possession
2) use
H) by order
4) inheritance
Grandmother gave her grandson an apartment. The grandson rented the apartment to his friends. What competence of the grandson as the owner is illustrated by this
1) eligibility2) the right to use
H) the power of the order
4) the right to donate K. issued a power of attorney for the right
driving your son's car. A son
only drives a car on weekends
days. What is the competence of K. as
owner illustrates this example in
first of all?
1) eligibility
2) the right to use
3) the power of the order
4) the right to donate
List of used printed sources:
1.O.A. Kotova, T.E. LiskovaSocial Studies. Complex course
preparation. M., 2011.
2. E.A. Pevtsova. Right. Tutorial for
educational institutions. M.,
Slide 1
Slide 2
Lesson plan. 1.Sources of civil law. 2. Subject and method of civil law. 3.Elements of civil legal relationship. 4. Legal facts and civil relations. 5. Types of civil relations.
Slide 3
1.Sources of civil law. The main regulator of commodity-money relations in the country. (The first part came into force on 1.1.1995, the second part - on 1.3.1996) Regulatory relations that constitute the subject of civil law. Decrees of the President, decrees of the Government, acts of ministries and federal executive bodies. For example, custom.
Slide 4
2. Subject and method of civil law. Regulates certain circle public relations, called the subject of civil law. Property relations, i.e. relations that develop about material goods. Associated with the belonging of certain property goods (property relations) Associated with the transfer of property rights from one subject to another. (Contracts, inheritance, etc.)
Slide 5
2. Subject and method of civil law. Non-property relations associated with property ( Copyright, use of trademarks, etc.) Also regulates: inalienable human rights and freedoms and other intangible benefits. - life, health, honor and dignity of the person, business reputation, privacy, personal and family secret and other relations between entrepreneurs, or with their participation
Slide 6
2. Subject and method of civil law. Civil law indicates the grounds on which the abstract-possible regulation turns into real. These grounds are called LEGAL FACTS Public relations after it is settled by civil law, it turns into a civil legal relationship: - it represents a connection between participants in civil legal relationship, by virtue of which they act as holders of subjective civil rights.
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3.Elements of civil legal relationship. Bearers of civil powers (rights) and responsibilities - - Physical persons, - legal entities, - the Russian Federation, - subjects of the Russian Federation, - municipalities, - foreign states. - the participation of at least 2 subjects is mandatory; - the entitled (having rights) and obligated parties.
Slide 8
3.Elements of civil legal relationship. The powers (rights) and obligations of its participants (subjects) - the rights of one party necessarily correspond to the legal obligations of the other. (Divided depending on the content) - one competence corresponds to one obligation (loan agreement) - one competence corresponds to several obligations (cargo carriage agreement)
Slide 9
3.Elements of civil legal relationship. What the activities of the participants in the legal relationship are aimed at.
Slide 10
4. Legal facts and civil relations. Circumstance, with the presence or absence of which the law connects the emergence, change and termination of rights and obligations. - contracts and transactions provided for by law, - contracts and transactions not provided for by law, but not contrary to it, - acts of state and municipal authorities, -court decisions, -creation of products of intellectual activity, -other.
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4. Legal facts and civil relations. -phenomena that occur independently of the will of the subject. -phenomena occurring at the will of the subject. Absolute - death, spontaneous action, etc. Relative - expiration of the contract. Legal - meet the requirements of the law Wrongful - do not meet the requirements of the law.
Slide 12
4. Legal facts and civil relations. Administrative, or judicial acts transactions and court decisions establishing civil rights and obligations. - actions that entail civil legal consequences when achieving a result, regardless of the direction of the will of the person committing legal act(ex: treasure) - actions of subjects specifically aimed at the emergence, change, or termination of civil legal relations
Slide 13
4. Legal facts and civil relations. -The same legal fact can perform different functions, - for the occurrence of civil law consequences, sometimes not one, but several legal facts (legal or factual composition) is needed. (ex: inheritance) 5. Types of civil relations. a) Absolute: - an authorized person (ex: owner) is opposed by an indefinitely wide range of obliged persons, - the behavior of obliged persons is not to violate the rights of the Authorized subject; b) Relative: - one authorized person is opposed by a certain circle of obliged persons, (the debtor is ) Depending on the number and certainty of the subject composition Slide 16
5. Types of civil relations. a) Proprietary: -the right is realized through his own actions (ex: ownership), -the protection of proprietary rights is carried out on the basis of a proprietary claim. b) Obligatory: - the right is exercised on the basis of the requirements of active action from the obliged person; - the protection of the obligatory right is carried out on the basis of a claim for compensation for incurred losses. based on the method of exercising the authority belonging to its bearer