Legal Responsibility and Subjective Law

The first legal constructions of human relations began to appear a few thousand years ago, from the time of the emergence of states. Of course, we can say that people's relationships began before such formations, and they were settled by the norms of traditions. But only because of the possibility of using state coercion, the legal duty is elevated to a special status, and subjective law is protected.

Legal relationship

People can not exist within society, without interacting with each other. The higher this level of interaction, the more developed the society looks, the wider will be the field for building relationships. Any relationship has its own characteristics and its composition, which has unchanged, but multifaceted elements. So, the subjective right and a legal duty, the subject and object are allocated . We will disassemble in more detail.

The subject of relations

It is understood equally in all senses - a participant who is endowed with subjective law, or he is legally bound. Most often, both of these elements are present in both participants.

For example, the most common car purchase and sale contract, in which the seller has the right to demand payment for the goods, but must give it to another person, and the buyer, in turn, must pay the cost of the car and may demand a transfer.

Characteristic

The subject of relations may be capable (sometimes they say "legally incompetent"), transactional or delictual. If the person is legally capable, then he has a full subjective right and legal duty. That is, a person can participate in virtually any legal relationship.

Dealability means the ability of a person to enter into contracts, but not necessarily, that he will be assigned a duty or responsibility. Most often these are unilateral acts.

Delicto-sprawl allows a person to respond fully to their actions. Only those who possess this characteristic can be held accountable. Finally, legal capacity is the person's potential to acquire rights.

Subjective law

The legal obligations of citizens, collective organizations or even states can not be completely independent and arise without the necessary grounds. In theory each subjective right generates the duty of another person.

For example, every person in our state can get free access to work or access to the Internet. No one can restrict it in this access, with the exception of special requirements, for example, only men will be hired for certain posts, and it is prohibited to stir up ethnic conflicts even in virtual space.

We will understand the concept - the subjective law recognizes the measure of the possible behavior of the subject. The breadth of opportunities is determined by law, contract and other types of agreements. It can be inherent in us from birth (for example, the right to life) or given under certain conditions (the opportunity to vote in the election of the President).

Duty

The concept of a legal obligation is quite simple - a measure of due behavior of a subject provided for by law or by agreement, which is supported by the possibility of state coercion. This is one of the main elements of the relationship, it is thanks to him that they are fully realized.

The legal duty is closely related to the human right. However, this element is quite complex and does not lend itself to a simple description. The fact is that to realize such a duty it is necessary to have a creditor and a debtor with related relationships. Imagine a contract of sale of real estate. Since the conclusion of the agreement, the buyer is a debtor, because it is his actions that generate reciprocal, although the terms of the contract can provide for otherwise. As soon as the buyer pays 100% of the cost of the apartment, he becomes the place of the lender, and the seller takes the position of the debtor.

Virtually any legal relationship is dynamic, and only some of them are of a strict nature, in which participants do not change their legal status. For example, it is worth paying attention to the rights and obligations of a legal entity in the relationship between it and the tax authority. In this case, the tax authority imperatively requires the organization to comply with the legislation on fees. Such relations generate only the duties of a legal entity and do not create its rights.

An object

In other words, the foundation. An object is an occasion for the appearance, change or termination of a relationship. For example, in the same contract of sale, the object is the goods. Note that there is another opinion about this element. So, some scientists believe that the object is the behavior of participants who correspond or are within the content of legal relationships (legal duty and subjective law).

Absolute and relative

Two main types. Absolute relations are understood in which an infinite number of other participants are opposed to one subject. For example, your ownership of a car is one thing, and there are infinitely many people who should respect and not violate it.

Thus, only one side is defined in this kind of legal relations. All the other participants are either not defined at all, or generalized. So, in interaction of workers and the chief to execute orders of the last should only those persons who are at it in submission. Relative relations imply a clearly defined subject composition, say, the seller A and buyer B.

Multilateral and one-sided

Any relationship requires at least two entities, but the number of parties is determined in a different way. Imagine a gift agreement, which is a legal transaction. For his conclusion and recognition by the authorities, only the will of one party - the donor - is required. Of course, a gifted person may refuse to accept a thing or a right, but the agreement will be deemed to be concluded from the moment when the donor expresses his intention to convey something to the person. Such relations are called one-sided, another bright example is the inheritance, in which only the testator determines what the future fate of his property is.

Transactions in which the will of two or more entities is required is called multilateral. At the conclusion of a written contract, he is sealed by signatures of the parties, which is a confirmation of his conclusion. We must understand that multilateralism is understood not only as a treaty. So, public relations, as a rule, arise and exist within the limits of set of participants which conditionally can be divided on allocated with imperious powers and those at which those rights are not present.