Civil law and duty. Civil law Civil law - a set of legal rules regulating social relations that are formed in the sphere of civil law. - презентация

1 Civil law and duty

2 Civil law Civil law - a set of legal rules regulating social relations that are formed in the sphere of civil law

3 Civil Law Property relations Personal non-property relations The legal concept "Civil law" is borrowed (reception) from the Roman "civil law" - jus civilis. Lawyers of Rome used the norms of jus civilis to resolve disputes between citizens of the Roman Empire - quirits. Lawyers specializing in the sphere of state property are called civilians. Subject of civil law These social relations are the subject of civil law

4 Property relations Public relations, emerging as to the ownership, disposal and use of material goods. The main sphere of action of civil law are commodity, compensatory relations. Within the framework of property relations, there are entrepreneurial activities

5 Non-property and non- material benefits life and health, dignity of the individual, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right of free movement, choice of place of residence and stay, the right to name, authorship, etc.

6 Civil legal relations Civil legal relations are property relations, regulated by civil law, as well as personal non-property relations, related to them, whose participants are related to each other by subjective civil rights and duty Features of civil legal relations 1.subjects of the Civil legal relationship are legally equal, independent of each other 2.can arise on the grounds, both provided for and unintended by law 3.in the establishment of conditions and content of civil legal relations, the agreement of the parties prevails 4.feature is the specific nature of the order and method of protection of violated civil rights The basis for the emergence of civil legal relations are the legal facts

7 Structure of civil legal relations Subjects Objects Content Individuals (citizens) Legal entities The state (RK) Administrative- territorial units Material wealth Non-material benefits Subjective rights Objective duties

8 The norms of civil law are regulated... The Civil Code, the laws of the Republic of Kazakhstan, and The customs of business turnover: This is a rule of behavior that is prevalent and widely used in any area of activity, not provided for by law

9 Civil liability type of adverse consequences, consisting in depriving the offender (seizure of his property), as well as in the prohibition, termination of the right to carry out entrepreneurial activities, forced roganization or liquidation of a legal entity There are several types of civil and legal liability for offenses contractual and non-contractual shared and joint responsibility primary and secondary recompense liability

10 Civil law case the debtor does not return on time debt Case : The person (A) took the money in debt (on receipt), did not give it in time, according to the court's decision, he undertook to repay the debt for 2 months. Two months have passed, money has not returned, can the one who lent (B) demand that (A) be put in jail and at the same time sell the house (A) to pay off the debt?

11 Case answer Answer: An enforcement proceeding is initiated to enforce the judgment of the court, if the decision is not carried out through the fault of the person A, then it is possible to raise the question of bringing to the adm. responsibility, and then to criminal liability in accordance with Article 362 of the Criminal Code of the Republic of Kazakhstan for failure to comply with a court verdict, a court decision or other judicial act

12 References The Civil Code of the Republic of Kazakhstan, K.I. Ospanov The Basis of Law