ПРЕДМЕТ И МЕТОД ГРАЂАНСКОГ ПРАВА
THE SUBJECT MATTER AND THE LEGAL METHOD OF CIVIL LAW

Summary/Abstract: For distinction of several branches of law, the author sets out from a criterion of subject and method. Under subject he understands the social relations which are regulated by a given branch of law, and tinder method the way in which those relations are regulated. By setting out from the supposition formulated in the Yugoslav legal doctrine by professor Gams, that the subject of the civil law is constituted by the commodities-monetary relations, the author shows that this conception is becoming predominant even in the Soviet theory and recent legislation (In the Principles of thé USSR Legislation of December 8th, 1961).By trying to extend the subject of the civil law — by the personal rights, which in the opinion of the author belong to the civil law system, the author makes distinction between legal regulation and legal protection, although the notion itself of legal regulation in its broader- sense includes also the legal protection. But, it is known for instance that the criminal law protects the property relations, though it does not regulate them. Likewise, the civil law, too, may afford civil law protection to relations that it does not regulate. A characteristic of the civil law liability, differently from the criminal and the administrative liability, is the restitutio in integrum, respectively the getting of .a property balance between the injured party and the wrongdoer. The same method is applied also to the protection of , personal rights. But only as far as the restitutio in integrum is concerned, the personal rights enjoy the civil law protection. Here in fact is experienced an inverted influence of the civil law method on its subject. The civil law method is determined by its fondamental subject — the commodities monetary relations. But once ensued, this method has become suitable also for regulating of nom property personal relations. In conection therewith, the author explains the possibility of its use also for the protection of personal rights. The method in its reversed action extended the civil law subject, so that it includes not only the commodities monetary relations, but the personal non property relations, too, in given limits.

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