Legal Literacy - This article discusses about subjects of civil law and objects of civil law. What are the subjects and objects of civil law? Let's take a look at the explanation below!
Civil law is the law that regulates legal relations between parties. These relations occur between individuals, legal entities, or a combination of both. To understand these relations, we need to understand 2 things that also form the basis of civil law, namely legal subjects and legal objects.
A legal subject is a party that has rights and obligations in a civil law relationship. Meanwhile, a legal object is the rights protected by civil law.
In essence, these 2 foundations of civil law refer to legal theory in general. In legal theory, we recognize the existence of legal subjects and legal objects. When associated with civil law, these legal subjects and legal objects are specifically within private relations.
Subjects of Civil Law
Subjects of civil law can be individuals or legal entities.
Natural Persons
An individual is a human being who has been born and has mental maturity. Individuals as legal subjects have rights and obligations attached to them from birth, such as the right to life, the right to be recognized as a child, and the right to receive education.
Legal Entities
A legal entity is an organized group of people with a specific purpose. Legal entities as legal subjects have rights and obligations granted by law, such as the right to own assets, the right to perform legal acts, and the right to be sued in court.
Characteristics of Subjects of Civil Law
Legal subjects have several characteristics, namely:
- Possessing rights and obligations.
- Having the capacity to possess rights and obligations.
- Being able to enter into legal relationships with other parties.
- Having the capacity to perform legal acts.
Examples of Subjects of Civil Law
The following are some examples of legal subjects:
- Individuals: Andi, Budi, and Cici.
- Legal entities: PT. ABC, Yayasan Dharma Bakti, and the Government of the Republic of Indonesia.
Objects of Civil Law
Legal objects are rights protected by civil law. Legal objects can be in the form of objects, rights, or legal relationships between legal subjects.
Goods
Objects are anything that can be objectified, whether tangible or intangible. Tangible objects are objects that can be seen and touched, such as land, buildings, and vehicles. Intangible objects are objects that cannot be seen and touched, such as copyrights, trademarks, and patents.
Rights
A right is the authority held by a person to do something or demand something from another person. Rights can be in the form of property rights, personal rights, and immaterial property rights.
- Property rights are rights attached to an object, such as ownership rights, usage rights, and usufruct rights.
- Personal rights are rights attached to a person, such as copyrights, patents, and trademarks.
- Immaterial property rights are rights attached to a person's immaterial interests, such as copyrights, patents, and trademarks.
Legal Relationships
A legal relationship is a relationship between two or more people based on law. Legal relationships can be in the form of contractual relationships, ownership relationships, and family relationships.
- A contractual 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.
- An ownership relationship is a legal relationship based on control over an object, such as ownership rights, usage rights, and usufruct rights.
- A family relationship is a legal relationship based on blood ties, marriage, or adoption, such as the relationship between parents and children, the relationship between husband and wife, and the relationship between siblings.
Characteristics of Objects of Civil Law
Legal objects have several characteristics, namely:
- Being a legal object
- Having economic or non-economic value
- Being able to be controlled by a legal subject
- Being able to be defended by a legal subject
Examples of Objects of Civil Law
Here are some examples of legal objects:
- Land
- Buildings
- Vehicles
- Copyright
- Trademark
- Patent
- Obligation relationships, such as sale and purchase agreements, lease agreements, and employment agreements
- Ownership relationships, such as property rights, usage rights, and usufruct rights
- Family relationships, such as the relationship between parents and children, the relationship between husband and wife, and the relationship between siblings
A thorough understanding of the subject and objects of civil law is important for understanding the various provisions of civil law that govern legal relationships between people, both individuals and legal entities.
That is the explanation regarding Civil Law Subjects and Civil Law Objects.
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