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What is civil law and what are rights and obligations in the US?

What is civil law and what are rights and obligations in the US? What Is Civil Law? What Is Civil Legislation? How Are Civil Rights and Obligations Established, Exercised, and Terminated?
What is civil law and what are rights and obligations in the US (3)

What is civil law and what are rights and obligations in the US (3)

What is civil law and what are rights and obligations in the US? What Is Civil Law? What Is Civil Legislation? How Are Civil Rights and Obligations Established, Exercised, and Terminated?

Table of Contents

  • What is Civil Law?

  • What is Civil Legislation?

  • Principles for the Establishment, Exercise, and Termination of Civil Rights and Obligations

  • Legal Grounds for the Establishment of Civil Rights

  • Regulations on the Exercise of Civil Rights
    What is civil law and what are rights and obligations in the US?What is civil law and what are rights and obligations in the US (1)

What is Civil Law?

Although the 2015 Civil Code and its related legal documents do not explicitly define the term “civil law”, it is commonly understood that civil law refers to a branch of law within the legal system that regulates social relations arising between individuals and organizations in the private sphere (i.e., civil relations). These include matters related to property, contracts, obligations, inheritance, and personal rights.

What is Civil Legislation?

Civil legislation is understood as the body of legal norms—rules of conduct issued or recognized by the State—that govern civil relationships. In other words, civil legislation provides the general legal framework for regulating civil transactions, rights, and obligations in society.

🔍 Key Distinction:

  • Civil Law: A specific branch of law, focusing narrowly on the regulation of civil relationships.

  • Civil Legislation: A broader concept, encompassing all legal norms and regulations related to the civil field, including laws such as:

    • Law on Marriage and Family

    • Land Law

    • Commercial Law

(Note: The above interpretation is for reference purposes only.)

According to the Fundamental Principles of Civil Law, How Must Individuals and Legal Entities Establish, Exercise, and Terminate Civil Rights and Obligations?

As stipulated in Article 3 of the 2015 Civil Code, the fundamental principles of civil law are:What is civil law and what are rights and obligations in the US (3)

  1. Equality: All individuals and legal entities are equal in civil legal relationships. No discrimination is permitted for any reason, and all parties are equally protected under the law concerning their personal and property rights.

  2. Freedom and Voluntariness: Civil rights and obligations shall be established, exercised, and terminated based on the free will and voluntary agreement of the involved parties. Agreements are legally binding if they are not prohibited by law and do not contravene social ethics, and must be respected by others.

  3. Good Faith and Honesty: Parties must act in good faith and honesty in the establishment, performance, and termination of civil rights and obligations.

  4. Non-Infringement: The establishment, exercise, and termination of civil rights and obligations must not harm national or public interests, or the lawful rights and interests of others.

  5. Self-Responsibility: Individuals and legal entities must take responsibility for any failure to perform or improper performance of their civil obligations.

✅ In summary, according to the fundamental principles of civil law, individuals and legal entities must conduct their civil activities in good faith and honesty, without infringing upon the public interest or the legitimate rights of others.
What is civil law and what are rights and obligations in the US?

What Are the Legal Grounds for the Establishment of Civil Rights?

According to Article 8 of the 2015 Civil Code, civil rights are established based on the following legal grounds:

  1. Contracts

  2. Unilateral legal acts

  3. Court judgments or decisions from other competent authorities as provided by law

  4. Results from labor, production, or business activities, including the creation of intellectual property

  5. Possession of assets

  6. Use of assets or unjust enrichment

  7. Damage caused by unlawful acts

  8. Performing tasks without authorization

  9. Other grounds as prescribed by law

How Are Civil Rights Exercised?

The exercise of civil rights is governed by Article 9 of the 2015 Civil Code:

  • Individuals and legal entities have the right to exercise their civil rights according to their own will, as long as it is not contrary to the provisions of Articles 3 and 10 of the Civil Code.

  • The failure to exercise a civil right shall not result in its termination, except as otherwise provided by law.

📌 Important Note:
Article 10 of the Civil Code provides limits on the exercise of civil rights:

  1. Prohibition of Abuse: No individual or legal entity is permitted to abuse their civil rights to cause harm to others, to avoid obligations, or to serve unlawful purposes.

  2. Consequences of Abuse: In such cases, courts or other competent authorities may refuse to protect part or all of those rights, and the violator may be required to compensate for any resulting damages. Other legal sanctions may also apply.What is civil law and what are rights and obligations in the US
    What is civil law and what are rights and obligations in the US?

Conclusion

Civil law is a key branch of the legal system, providing the foundation for regulating civil relationships involving individuals and organizations. It ensures fairness, autonomy, and accountability in dealings such as contracts, inheritance, obligations, and personal rights.

Civil legislation comprises all laws and regulations governing civil matters. Under the 2015 Civil Code, civil rights are established from a variety of legal sources, and their exercise must align with the principles of equality, voluntariness, good faith, and non-infringement.

Individuals and organizations are free to exercise their civil rights within the bounds of the law but must avoid abuse and assume full responsibility for their actions in civil relationships.

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