Legal actions: definition, features and types. The difference between a transaction and a legal act

A variety of concepts are used in normative documents. и пр. Все эти понятия имеют свои специфические черты. In particular, they include such terms as crimes, misdemeanors, acts, legal facts, lawful actions , etc. All these concepts have their own specific features.

Legal events, actions

For a better understanding of the meaning of the norms, it is necessary to have a clear idea of the categories used in them. Often in such or other documents, a term such as an event is used. It is understood as a circumstance that arises regardless of the will of the subject of the legal relationship. – это результат сознательного поведения человека. For example, it could be the death of a person or his birth, a natural disaster, the end of a term, etc. Legal actions are the result of a person's conscious behavior. It can be the conclusion of an agreement, the fulfillment of an obligation, the acceptance of an inheritance, the creation of a work, etc. It should be said that an event can be provoked not only by natural forces, but also by direct actions of a person. For example, a fire can occur from a lightning strike, and from arson. Regardless of the cause, ignition is always an event. The will of man does not affect his course. , обусловленные поведением людей. Crimes, misdemeanors, acts are legal facts , conditioned by the behavior of people.

States

This category stands out by researchers apart from events and deeds. The states are the continuing circumstances. They are the basis for legal consequences. For example, states consider the existence of a certain length of service in order to obtain an established pension, dependency support, and so on. Meanwhile, the division of legal facts into three groups is not common in practice.

Behavior of people

Not all events and actions produce these or other civil and legal consequences. This is typical only for those of them with which the norms bind certain results. Civil law regulates the social relations of entities from whose actions these interactions are formed. The behavior of people can be different. In particular, it may be lawful or unlawful. The former form volitional behavior. It is consistent with the established norms, content of duties. нарушения требований законодательства. Illegal legal acts are violations of the requirements of the law. They entail the application of sanctions, established by norms.

Key Categories

As experts say, most people have legitimate behavior. . It is divided into legal acts and legal acts . The former give rise to consequences only if they are committed with the corresponding intention. In other words, the will of the actors is aimed at obtaining a concrete result. формируют такое законное поведение, которое порождает последствия вне зависимости, а в ряде случаев и вопреки намерениям людей, их совершивших. Examples include joining an JSC, signing a contract, etc. Legal acts form such legitimate behavior that generates consequences independently of, and in some cases contrary to, the intentions of the people who committed them. This feature is key when characterizing them. . It determines, for example, the difference between a transaction and a legal act .

Specificity

связаны с последствиями в силу волевого влияния человека. Legal actions are connected with the consequences due to strong will of the person. It does not matter whether they were aimed at obtaining a particular result or not. – это, например, создание произведения искусства, признание долга и пр. Авторство возникает при написании романа в форме, доступной для воспроизведения. Legal acts are, for example, the creation of a work of art, recognition of duty, etc. Authorship arises when writing a novel in a form that is available for reproduction. It does not matter whether the subject had the intention to acquire copyright or not. If a person finds a lost thing, he has a duty to return it, even if he did not want to do it. As for legal acts, they are considered to be a more capacious and broad concept in science. This is due to the fact that they cover a significant number of different phenomena.

Legal acts

They are divided into 2 groups. The first includes administrative acts. They are always committed to cause certain consequences. In this regard, most administrative acts act as grounds for the formation of the same-named relations. However, there is a special category of them. Some administrative acts are aimed at creating not only the same name, but also civil and legal consequences. An example is the issuance of a warrant by a local authority to a citizen for living space. In this case, there is interaction not only between the administration and the residential organization, but also between it and the citizen regarding the signing of the contract of employment.

The second group includes transactions. Their essence is defined in the 153rd article of the Civil Code. According to the norm, this transaction is the behavior of natural persons and organizations, which is aimed at establishing, terminating or changing duties and rights. For example, they include buying and selling, announcing a tender, renting, wills, etc. Transactions are made with a view to causing concrete civil and legal consequences.

Category Defects

Currently, the study of legal facts is becoming increasingly relevant. This is due to some problems existing in the current legislation. When establishing legal facts, their shortcomings and defects are often revealed. They are connected in some cases with content, in others - with the external expression of the essence. In theory, the defectiveness of facts is divided into relative and absolute. The latter means that a certain circumstance loses its legal significance and, accordingly, as a legal fact can not be used. Relative is the defect attributable to a given relation. For example, the non-recognition of seniority, according to which a pension is granted on preferential terms, can not exclude its use to receive payment in the general order.

Problem solving

The appearance of a defective fact is determined by a direct violation of the legal order. In this regard, legislation can not but react to this. To overcome the adverse consequences provoked by shortcomings, the state uses different ways to smooth out contradictions in the norms. The stabilization of the consequences is primarily ensured. In certain cases, the law preserves the results that occur when a defective fact occurs. This is because all interactions are mutually dependent. Accordingly, the destruction of one relationship will provoke the dissolution of the other. Among the ways of stabilization, it can be noted, for example, that the invalidity of marriage can not affect the rights of the child born in it. Another option is to delay the consequences. This method is widely used in the detection of violations of the rules at the stage of the formation of the relationship before gaining power.

An Important Moment

The defectiveness of a fact can not be equated with wrongfulness. It is considered an extreme form of shortage. However, unlawfulness can be determined by circumstances that do not qualify as violations of norms. For example, this may be a deviation from the form of the document, etc. At the same time, not every unlawful act is regarded as defective. This is because no power can make them legitimate.

Conclusion

To ensure the legal force of the facts, it is important to correctly and timely establish, fix, prove them. This will determine the speed and quality of the interests of the subjects. However, in practice it is precisely in connection with the non-fulfillment of these actions that various problems arise. Many of them later have to be decided in court. The existing legal facts are very diverse. Currently, researchers note their insufficient knowledge. This undoubtedly affects the quality of law enforcement activities.