Civil Law

Civil Law Subjects and Civil Law Objects

Adam Ilyas
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Civil Law Subjects and Civil Law Objects

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Civil Law Subjects and Civil Law Objects
Picture Illustration by Editor / Source: DALLE

Legal Literacy – This article discusses the subject of civil law and the object of civil law. What are the subjects of civil law and objects of civil law? let’s see the explanation below!

Civil law is the law that regulates legal relations between parties. The relationship occurs between individuals, legal entities, or a combination of both. In understanding the relationship, we need to understand 2 things that are also the basis of civil law, namely the subject of law and the object of law.

Legal subjects are parties who have rights and obligations in civil law relationships. Meanwhile, legal objects are rights protected by civil law.

Indeed, these 2 civil law bases refer to general legal theory. In legal theory, we recognize the existence of legal subjects and legal objects. When it comes to civil law, the legal subject and legal object are specifically in a private relationship.

Subject of Civil Law

Civil law subjects can be either individuals or legal entities.

Private Person

A private person is a human being who has been born and has mental maturity. The individual as a legal subject has rights and obligations attached to him or her from birth, such as the right to life, the right to be recognized as a child, and the right to education.

Legal Entity

A legal entity is a group of people who are organized and have a specific purpose. Legal entities as legal subjects have rights and obligations granted by law, such as the right to own property, the right to perform legal acts, and the right to be sued in court.

Characteristics of Civil Law Subjects

Legal subjects have several characteristics, namely:

  1. Has rights and obligations
  2. Have the ability to have rights and obligations
  3. Can enter into legal relationships with other parties
  4. Has the ability to act legally

Examples of Civil Law Subjects

Here are some examples of legal subjects:

  1. Private person: Andi, Budi, and Cici
  2. Badan hukum: PT. ABC, Dharma Bakti Foundation, and the Government of the Republic of Indonesia

Civil Law Objects

Legal objects are rights protected by civil law. Legal objects can be objects, rights, or legal relationships between legal subjects.

Benda

Objects are anything that can be materialized, whether tangible or intangible. Tangible objects are objects that can be seen and touched, such as land, buildings, and vehicles. Intangibles are objects that cannot be seen and touched, such as copyrights, trademarks, and patents.

Rights

A right is the authority possessed by someone to do something or demand something from someone else. Rights can be in the form of material rights, individual rights, and immaterial material rights.

  1. Property rights are rights attached to objects, such as property rights, use rights, and usufruct rights.
  2. Individual rights are rights that are inherent to a person, such as copyrights, patents, and trademarks.
  3. Immaterial property rights are rights attached to a person’s immaterial interests, such as copyrights, patents, and trademark rights.

Legal Relationship

A legal relationship is a relationship between two or more people based on the law. Legal relationships can be in the form of bonding relationships, ownership relationships, and family relationships.

  1. An engagement relationship is a legal relationship based on an agreement between two or more people, such as a sale and purchase agreement, a lease agreement, and an employment agreement.
  2. Ownership relationships are legal relationships based on control over objects, such as property rights, usage rights, and usufruct rights.
  3. Family relationships are legal relationships based on ties of blood, marriage, or adoption, such as the relationship between parents and children, the relationship between husband and wife, and the relationship between siblings.

Characteristics of Civil Law Objects

Legal objects have several characteristics, namely:

  1. Become the object of law
  2. Has economic or non-economic value
  3. Can be controlled by a legal subject
  4. Defensible by the subject of law

Examples of Civil Law Objects

Here are some examples of legal objects:

  1. Land
  2. Building
  3. Vehicle
  4. Copyright
  5. Trademark
  6. Patents
  7. Engagement relationships, such as sale and purchase agreements, lease agreements, and employment agreements.
  8. Ownership relationships, such as property rights, use rights, and usufruct rights
  9. Family relationships, such as the relationship between parents and children, the relationship between husband and wife, and the relationship between siblings

A deep understanding of the subjects and objects of civil law is important to understand the various provisions of civil law that regulate legal relations between people, both individuals and legal entities.

The following summarizes the discussion of subjects in civil law and objects in civil law in the form of a table:

Subject of Civil LawObject of Civil Law
IndividualsRights protected by civil law
- Private Person (human being)- Benda (objects - tangible/intangible)
- Examples: Andi, Budi, Cici- Examples: Land, building, vehicle, copyright, trademark, patent
- Legal Entity (group of people with a specific purpose)- Hak (rights - material, individual, immaterial)
- Examples: PT. ABC, Dharma Bakti Foundation, Government of RI- Material rights (attached to objects)
- Property rights, use rights, usufruct rights- Individual rights (inherent to a person)
- Copyrights, patents, trademarks- Immaterial property rights (attached to immaterial interests)
- Copyrights, patents, trademark rights- Hubungan Hukum (legal relationships - bonding, ownership, family)
- Bonding relationships (based on agreements)
- Examples: Sale and purchase agreement, lease agreement, employment agreement
- Ownership relationships (based on control over objects)
- Examples: Property rights, use rights, usufruct rights
- Family relationships (based on blood, marriage, adoption)
- Examples: Parent-child, husband-wife, siblings

That is an explanation of the Subject of Civil Law and the Object of Civil Law.

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