The difference between civil and commercial legal relationships

Civil legal relations are legal relations regulated by civil law.

Commercial legal relations are also legal relationships regulated by commercial law.

The difference is that the method of regulating the relationship is different.

But in practical application.

Civil law is also often used in commercial lawsuits.

Most of the commercial laws are applied in the context of the provisions of the statutes.

It is also used in the resolution of civil cases.

Therefore, in terms of the practical application of the law, it is meaningless to distinguish between the two legal relationships.

The above is my own understanding limited to practicality.

It's not purely academic research.

If you write **, then use the answer of the brother above.

Civil legal relations refer to the social relations adjusted by civil legal norms, that is, the social relations with civil rights and civil obligations as the basic content confirmed and protected by civil legal norms.

Civil legal relations have two meanings:

In a broad sense, civil legal relations refer to social relations with legal significance formed by the adjustment of social relations by civil law;

Civil legal relations in a narrow sense refer to social relations formed in real life with civil rights and civil obligations as the basic content.

The so-called commercial legal relationship refers to the relationship of rights and obligations of commercial entities based on commercial acts.

Commercial legal relationship: refers to the social relationship formed through market business activities in a certain society, mainly including commercial organization relationship and commercial transaction relationship.

The main signs of a commercial legal relationship are the merchant and the act of commerce.

Since China is a legislative precedent for the integration of civil and commercial affairs, civil and commercial affairs should not be viewed separately.

Civil law is the common law or basic law, and commercial law is special law; Civil law is an abstract legal expression, while commercial law is a concrete legal expression.

1. The concept is different. 2. The subject of adjustment is different, the civil relationship is regulated by both morality and law, and the civil legal relationship is regulated by the law. 3. The scope is different, and civil relations include civil legal relations as well as social relations between other equal entities.

Civil relations are personal relations and property relations between equal subjects. Civil legal relations are the legal manifestations of property relations and personal relations between equal subjects, and this relationship is regulated by civil legal norms. Civil legal relations are the legal expression of social relations regulated by civil law.

Civil legal norms regulate the property relations and social relations between equal subjects, that is, stipulate that the occurrence of certain legal facts is the occurrence of certain legal consequences, and the legal consequences are the occurrence of civil legal relations between the parties.

Legal basis: Article 118 of the Civil Code: Civil subjects enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

Legal Analysis: Difference Between Commercial and Civil:

1. There are certain differences between civil and commercial activities in terms of subjects. Civil law is mainly a norm that regulates the relationship between citizens, and all citizens may become the subject of civil legal relations. Commercial law is the regulation that regulates the part of the citizens who are businessmen or between that part of the citizens and the company and the company;

2. There are also certain differences between commercial and civil activities in terms of subject matter. The object of the former's adjustment is mainly the first-class activities of buying and selling, and the subject matter of rights and obligations is generally commodities. The latter refers to all acts or activities involving personal relations, property relations, rights or other interests. Sakurano.

Legal basis: Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

The differences between civil auction and civil legal relations are as follows:

1. The concept is different: civil relationship is the personal relationship and property relationship between equal subjects. Civil legal relations are the legal manifestations of property relations and personal relations between equal subjects, and this relationship is regulated by civil legal norms.

2. The basis of adjustment is different: civil relations are regulated by both morality and law, and civil legal relations balance civil relations that are regulated by law;

3. The scope is different, and civil relations include civil legal relations as well as social relations between other equal entities. In any of the following circumstances, the people's courts may find a civil relationship involving foreign interests:

1) One or both of the parties are foreign citizens, foreign legal persons or other organizations, or stateless persons;

2) The habitual residence of one or both parties is outside the territory of the People's Republic of China;

3) The subject matter is outside the territory of the People's Republic of China;

4) The legal facts that create, alter or terminate the civil relationship occur outside the territory of the People's Republic of China;

5) Other circumstances that may be identified as foreign-related civil relationships.

Legal basisArticle 3 of the Civil Code of the People's Republic of China.

Article 4: The legal status of all civil entities in civil activities is equal.

What is the difference between civil law and commercial law? Civil legal relationship is a relationship of civil rights and obligations between civil subjects that occurs between certain objects or other objects (objects) and is guaranteed by the coercive power of the state. Civil legal relations are a kind of social relationship between people, not between people and things.

The legal relationship is composed of three elements: the subject of the legal relationship, the content of the legal relationship (rights and obligations) and the object of the legal relationship. The so-called commercial legal relationship refers to the relationship of rights and obligations of commercial entities based on commercial acts. The difference between the two:

1. The main body is different. The subject of civil legal relations refers to the persons who participate in civil legal relations, enjoy civil rights and bear civil obligations. Any person who can become a civil subject under the law, regardless of whether it is a natural person or an organization, is a "person" under the civil law.

The subject of a commercial legal relationship, both parties can be businessmen, or only one party can be a businessman and the other party is a non-businessman. 2. The object is different. The object of civil legal relations refers to the objects to which rights and obligations in civil legal relations are jointly directed.

The object of commercial legal relations is limited to commercial acts. 3. The content is different. The content of civil legal relations is the rights and obligations enjoyed by civil subjects in civil legal relations.

The content of the commercial legal relationship refers to the rights and obligations of the business, which are of a profit-making nature, that is, they are manifested as commercial rights and obligations. Is there anything else you don't understand?

Analysis of legal division: 1. Civil legal relationship is a civil rights and obligations relationship formed based on civil legal facts and adjusted by civil law norms. It is a legal relationship between equal subjects. The civil legal relationship is composed of three factors, including subject, object and content.

1) Civil rights are the rights and interests conferred by law on civil subjects, which have the right to act or not to act in a specific civil legal relationship, and require the other party to do or not to act in a certain way.

Civil rights can be divided into property rights and personal rights according to the nature of interests; According to the role, it can be divided into: the right to dominate, the right to request, the right to form, and the right to defend; According to the scope of effect, it is divided into absolute right and relative right; According to the dependency relationship, it is divided into master rights and subordinate rights.

2) Civil obligation refers to the fact that a civil subject must perform or refrain from acting in a specific civil legal relationship in order to satisfy the interests and requirements of the right holder.

Civil obligations can be divided into statutory obligations and contractual obligations, positive obligations and negative obligations.

2. Civil legal facts refer to objective phenomena that can cause the occurrence, alteration and termination of civil legal relations in accordance with law.

Civil legal facts can be divided into two categories: events and acts.

When legal facts arise, the consequences are:

First, it gives rise to the occurrence of civil legal relations.

Second, it causes changes in civil legal relations. Yu or.

Third, it causes the extinction of civil legal relations, so that the rights and obligations between subjects no longer exist.

3. Civil legal norms (legal rules) refer to the rules of conduct formulated or approved by the state and guaranteed to be implemented by the state's coercive force.

The difference between civil relations and civil legal relations: Civil legal relations refer to the social relations established in accordance with civil legal norms with civil rights and obligations as the content, and are social relations formed by the adjustment of civil legal norms. In social life, people will inevitably form various kinds of social relations, and these social relations are regulated by various norms.

Among them, the social relations formed by the adjustment of the civil law are the civil legal relations. Because of this, civil legal relations are the legal expression of social relations regulated by civil law. Civil legal norms regulate the property relations and social relations between equal subjects, that is, they stipulate that the occurrence of certain legal bases and buried facts means that certain legal consequences occur, and the legal consequences are the emergence of civil legal relations between the parties.

Legal basis: Article 1 of the Civil Code? This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the core values of socialism.

Article 2 of the Civil Code? The Civil Code regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.