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Civil rights are the legal qualifications obtained by civil subjects in accordance with civil law to carry out certain acts or obtain certain benefits. The content of civil rights can be summarized into three aspects, that is, the person who enjoys the right can directly enjoy a certain benefit or carry out certain acts within the scope of the law; The person entitled to the right may require the person with the obligation to perform certain acts or not to perform certain acts; Persons entitled to rights have the right to seek protection from the law when their rights are violated.
Civil rights are the most basic rights of citizens to exist and live in society, and they are also the rights most closely related to the daily life of citizens. In terms of the specific content of rights, civil rights mainly include property rights and personal rights. Property rights refer to civil rights with property as the object and property interests as the content, such as property rights, creditor's rights, etc.; Personal rights refer to civil rights that take specific personal interests as the object and do not reflect the content of property, including personality rights and identity rights.
Some civil rights are both property rights and personal rights, such as intellectual property rights, inheritance rights, etc.
In the general principles of China's civil law, the following types of civil rights are stipulated:
1.Property ownership and property rights related to ownership. Including ownership, contracting rights, management rights, mining rights, neighboring rights, inheritance rights, etc.
2.Claims. Including contractual claims, unjust enrichment claims, management claims without cause, etc.
3.Intellectual property. Including copyright, patent right, exclusive right to use registered trademark, right of discovery, right of invention, etc.
4.Personal rights. Including the right to life and health, the right to name, the right to portrait, the right to reputation, the right to honor, the right to marital autonomy, etc.
I think it's mediation.
However, different rights have different natures, so you can find out for yourself.
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Civil rights are the limits of the civil law that give civil subjects the ability to realize their interests.
According to different criteria, civil rights are divided into property rights, personal rights; the right to dominate, the right to request, the right to form, the right to defend; absolute and relative rights; Primary and subordinate rights, original rights and remedies; Exclusive vs. non-exclusive; Vested rights and expectant rights.
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Civil rights are granted by law to civil subjects.
The scope of interests and the will to perform certain acts or not to do certain acts to achieve certain interests. The right holder himself or not to perform certain acts and to request others to do certain acts or not to perform certain acts, so as to ensure that he or she enjoys or realizes certain benefits; In the event of a violation of rights, it is possible to request protection from the relevant State authorities.
Property rights refer to civil rights that directly embody property interests with property interests as their content. Property rights include not only property rights, creditor's rights, inheritance rights, but also property rights in intellectual property rights.
2. According to the role of rights, civil rights can be divided into the right to control, the right to request, the right to defend and the right to form.
3. According to the scope of validity of civil rights, civil rights can be divided into absolute rights and relative rights.
4. According to the relationship between two interrelated rights, civil rights can be divided into primary rights and subordinate rights.
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Civil rights refer to the scope of interests enjoyed by civil subjects in accordance with the law and protected by law, or the possibility of carrying out certain acts (acts or omissions) to achieve certain interests. To put it simply, it is the right of the right subject to choose whether to carry out or not to carry out certain acts. In understanding the concept of rights, it is important to distinguish them from power and authority.
Among them, power usually refers to the specific form of rights; Authority, on the other hand, is the limit to which the law allows the parties to play a role.
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My property problem, the house is in my mother's name, and my mother has passed away.
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1. Based on the content of civil rights, civil rights can be divided into personal rights, property rights, intellectual property rights, and membership rights. Personal rights are rights that do not have direct property content but have personal attributes; Property rights are civil rights with property interests as the object; Intellectual property rights are the exclusive rights of the right holder to make exclusive use of intellectual achievements or commercial signs; The right to membership is the sum total of the rights enjoyed by members of a social group over the association based on their membership status.
2. According to the role of rights, civil rights can be divided into the right of control, the right of request, the right of defense, and the right of formation. The right of domination is the right to directly dominate the object of the right and exclude the interference of others; The right to request is the right to ask others to do or not to do something; The right to defend is the right to contest the claim; The right of formation is the right of one of the parties to change the legal relationship according to his or her own will.
3. According to the scope of the obligor whose rights can be asserted, civil rights can be divided into absolute rights and relative rights. Absolute right is a right that can be realized by the obligor without the obligor being uncertain and without the obligor carrying out certain active assistance acts; Relative right is a right that can only be realized by the obligor being a specific person, and the right holder must actively carry out or not perform certain acts through the obligor.
4. According to the mutual relationship of rights, civil rights can be divided into master rights and subordinate rights. The main right is the right that can exist independently of two interrelated civil rights; A subordinate right is a right that presupposes the existence of a principal right.
1. What are civil rights?
Civil rights refer to the scope of interests enjoyed by civil subjects and the will to perform certain acts or not to achieve certain interests by certain acts. Including: certain interests directly enjoyed by the right holder (such as personal rights) and benefits obtained through certain acts (such as property rights); The right holder himself or not to perform certain acts and to request others to do certain acts or not to perform certain acts, so as to ensure that he or she enjoys or realizes certain benefits; In the event of a violation of rights, it is possible to request protection from the relevant State authorities.
1. Rights are the scope of interests enjoyed by the subject of legal relations or the possibility of certain behaviors;
2. Rights are the possibility of the subject of rights asking others to perform certain acts or not to perform certain acts in order to realize their interests;
3. When the rights are infringed, the right subject may request the state organ to provide relief.
2. What are the characteristics of civil rights?
1) Equality. Every citizen, regardless of age, gender, ethnicity, religious belief, occupation, status, etc., enjoys equal civil rights;
2) Continuity. The civil rights of the people of Gongmin Cong are from birth to death, and the civil rights of legal persons are from their establishment to their extinction, and they enjoy legal civil rights from beginning to end;
3) Authenticity. Due to the strong material foundation of socialism in our country, the civil rights enjoyed by civil subjects can be guaranteed.
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Property ownership refers to the owner's right to possess, use, benefit and dispose of his or her property in accordance with the law. A creditor's right is a relationship of specific rights and obligations between the parties arising from the provisions of the contract or in accordance with the provisions of the law.
Legal basis: Civil Code of the People's Republic of China
Article 109:The personal freedom and personal dignity of natural persons are protected by law.
Article 110:Natural persons enjoy rights such as the rights to life, body, health, name, portrait, reputation, honor, privacy, and self-envy of marriage.
Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
Article 111: The personal information of natural persons is protected by law. Where any organization or individual needs to obtain the personal information of others, it shall obtain it in accordance with law and ensure the security of the information, and must not illegally collect, use, process, or transmit the personal information of others, and must not illegally buy, sell, provide, or disclose the personal information of others.
Property ownership refers to the owner's right to possess, use, benefit and dispose of his or her property in accordance with the law. A creditor's right is a relationship of specific rights and obligations between the parties in accordance with the agreement of the contract or in accordance with the provisions of the law. >>>More
The principle of prohibiting abuse of rights refers to the fact that civil entities must correctly exercise their civil rights in the course of carrying out civil activities, and if the exercise of rights harms the interests of others and the public interest that are also protected, it constitutes abuse of rights. As for how to judge the abuse of rights, the General Principles of the Civil Law and relevant civil laws stipulate that civil activities must first comply with the law, and where the law does not provide for it, national policies and customs shall be observed, and the exercise of rights shall respect social morality, and shall not harm the public interest or disrupt the social and economic order. >>>More
Civil rights refer to the scope of interests enjoyed and protected by law by civil subjects in accordance with the law or the possibility of carrying out certain acts (to achieve certain interests). To put it simply, it is the right of the right holder to choose whether to carry out or not to carry out certain acts. >>>More
Hello, in civil litigation, court mediation skills include: >>>More
1. It is carried out by a person who lacks capacity for civil conduct; 2. Persons with limited capacity for civil conduct are unable to do so independently in accordance with law; 3. One party uses fraud, coercion or taking advantage of the danger of others to cause the other party to act contrary to its true intentions; 4. Maliciously colluding to harm the interests of the state, the collective, or a third party; 5. Violating the law or the public interest; 6. The economic contract violates the state's directive plan; 7. Concealing an illegal purpose in a lawful form. An invalid civil act is not legally binding from the beginning of the act.