A legal obligation is a measure of due conduct established by regulatory documents. This rule can be proclaimed both with the aim of obtaining personal gain, and to ensure state interests. In any case, the concept occupies a rather significant place in jurisprudence. Therefore, all its elements must be known so as not to get into a difficult situation in the future.
About Features
The main feature that makes it possible to distinguish between the responsibilities of a law firm or an individual is the need for behavior. There is no obligation without a norm that dictates a certain rule. Otherwise, the legislator has no reason to require you to do so, and not otherwise.
The need for interpretation is understood not as a pattern that can occur independently, without the influence and application of someone’s strength, but as a duty, which is based on legally sound requirements. The subject of legal relations has no choice.
Here you can easily draw a parallel with the powers, which are also in a rather large amount granted to citizens of the state. Law is permitted behavior, and legal duty is due action. In this situation, there is a sign of the future, since the considered type of norms applies exclusively to that behavior that has not yet passed into real actions.
The content of legal relations related to the obligation
Any rule that establishes a rule of conduct applies only to a certain type of legal relationship. For example, while studying at a military university, cadets are required to comply with its Charter, while the norms of the above-mentioned normative document are not applied to students of a civil educational institution. A legal obligation in a legal relationship is the ability to determine the exact boundaries of the behavior of a person or group of citizens. Outside, a person is free to independently resolve all issues. The only problem is that in almost all legal branches there are peremptory norms: somewhere there are more, but somewhere they are practically absent.
Purpose and meaning of the duty
Legal rights and obligations, the differences of which are visible to the naked eye, carry a certain meaning. Moreover, it is useful not only for the legislator and the state, but also for other persons involved in the legal relationship. Moreover, in many situations, a person who adheres to certain behaviors can derive sufficient benefits for himself.
The considered element of jurisprudence can be easily investigated in Soviet legislation. A vivid example is the need to perform administrative, labor, and other tasks that were of great benefit to all the people of the USSR.
It is important to note that, within the bounds of a binding legal relationship, the behavior of a citizen is primarily aimed at obtaining benefits for an authorized person. The role of the latter is almost always played by the state in the person of its organs. Of course, this is not about personal interests, but about satisfying the needs of the people and society. Based on the foregoing, it can be concluded that the rights are intended to satisfy the interests of an individual citizen, and the obligations are for society and the state.
Legislator Opportunities
A legal obligation is a measure that must be supported by certain actions of state bodies for its non-compliance or violation. Otherwise, the rule of law is “dead” and does not carry any significance.
The possibility of influencing a person who violated a clause or article of the law is left to an authorized state person. The Russian Federation has its own coercive apparatus, namely, in the event of failure by any person to perform proper behavior, the former may seek the help of the competent authorities for coercive measures. This phenomenon is called “sanction”, which in any case is assigned to the obligation.
Turn to the signs
Legal obligation is an unconditional, categorical phenomenon in relation to the public. The established rule of conduct is strict and imperiously attributed. It is based on the imperative method of regulating social relations. A person is not only obliged to behave properly, he is prohibited from evading the implementation of the proclaimed legal norm.
“Duty” as a legal phenomenon
Quite often in the legislation one can find the words “must”, “responsibility”, “obliged” and so on. Moreover, they can mean a proper rule of conduct, not in the legal sense, but in moral or ethical. For example, if a citizen wants to avoid trouble when concluding a contract, he must comply with its clauses. In this situation, a legal obligation is a measure directly provided for by the contract. In order for the word “should” to be used in a normative sense, it is necessary to fix this in legally relevant documents.
About types and classifications
The responsibilities of legal entities and individual entrepreneurs, as well as citizens are divided into types that are combined in the classification. For example, for individuals, the passive type of proper behavior regarding ownership is important. While FE and Jur. persons are more interested in fulfilling obligations under concluded agreements.
An active type of legal relationship implies a more significant importance of a proper measure of behavior. So, in civil law, labor relations, the employer is obliged to regularly pay wages, since the existence of an individual in modern society depends entirely on money. All positive actions of the obligated lead to one degree or another to satisfy the interests of society. In protective legal relations, duties play a special role, since they are the essence of the entire work of employees to ensure the safety of employees, staff, guests and other persons.