The first legal constructions of relationships between people began to appear several thousand years ago, from the moment of the emergence of states. Of course, we can say that the relationship of people began even before such formations, and they were regulated by the norms of traditions. But only thanks to the possibility of applying state coercion, a legal obligation is elevated to a special status, and subjective law is protected.
Legal relationship
People cannot exist inside society, while not interacting with each other. The higher this level of interaction, the more developed society looks, the wider the field for building relationships. Any legal relationship has its own characteristics and composition, which has the same, but multifaceted elements. So, subjective law and legal obligation, subject and object are highlighted . We will analyze in more detail.
Subject of relationship
It is understood equally in all senses - a participant who is endowed with subjective law, or is assigned a legal obligation. Most often, both of these elements are present in both participants.
For example, the most common car purchase and sale agreement, in which the seller has the right to demand payment for the goods, but is obliged to give it to another person, and the buyer, in turn, must pay the cost of the car and may require transfer.
Characteristic
The subject of the relationship may be legally capable (sometimes they say "legal capacity"), capable of transaction or tort. If a person is competent, then he is fully inherent in subjective law and legal obligation. That is, a person can participate in almost any legal relationship.
Declarability implies the ability of a person to conclude contracts, and it is not necessary that he be assigned an obligation or responsibility. Most often these are unilateral acts.
Delictability allows a person to be fully responsible for their actions. Only those with this characteristic can be held accountable. Finally, legal capacity is a person’s potential to acquire rights.
Subjective law
The legal duties of citizens, collective organizations or even states cannot be completely independent and arise without the necessary justification. In theory, every subjective law gives rise to the duty of another person.
For example, everyone in our country 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 positions, and it is forbidden to incite ethnic conflicts even in the virtual space.
Let's understand the concept - subjective law recognizes the measure of the subject's possible behavior. The breadth of opportunities is determined by law, contract and other types of agreements. It can be inherent to us from birth (for example, the right to life) or be given under certain conditions (the ability to vote in the presidential election).
Duty
The concept of legal obligation is quite simple - a measure of due conduct of a subject, stipulated by law or contract, which is supported by the possibility of state coercion. This is one of the main elements of relations, it is thanks to him that they are fully realized.
Legal duty is closely linked to human rights. However, this element is quite complex and does not lend itself to a simple description. The fact is that in order to fulfill such an obligation it is necessary to have a creditor and a debtor with related relations. Imagine a contract of sale of real estate. From the moment of conclusion of the agreement, the buyer is the debtor, because it is precisely his actions that generate the response, although the terms of the contract can provide otherwise. As soon as the buyer pays 100% of the price of the apartment, he becomes the lender, and the seller takes the position of the debtor.
Almost any legal relationship is dynamic, and only some of them are strict in which the participants do not change their legal status. For example, you should pay attention to the rights and obligations of a legal entity in relations 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 give rise only to the obligations of a legal entity and do not create its rights.
An object
In other words, the foundation. The object is the cause of the appearance, change or termination of the relationship. For example, in the same contract of sale, the object is a product. Please note that there is another opinion regarding this item. So, some scholars believe that the object is the behavior of participants who correspond to or are within the framework of the content of legal relations (legal obligation and subjective law).
Absolute and relative
Two main types. Absolute are understood as such relations in which one subject is opposed by an infinite number of other participants. For example, your ownership of the car is one thing, and there are infinitely many people who must respect it and not violate it.
Thus, in this kind of legal relationship, only one side is defined. All other participants are either not defined at all, or generalized. So, in the interaction of workers and the chief, the orders of the latter should be executed only by those who are subordinate to him. Relative relations imply a well-defined subject composition, for example, seller A and buyer B.
Multilateral and unilateral
Any relationship requires at least two entities, but the number of parties is determined in a different way. Imagine a deed of gift, which is a legal transaction. For its conclusion and recognition by the authorities, only the will of one party, the donor, is required. Of course, the gifted may refuse to accept the thing or the right, but the agreement will be considered concluded from the moment when the donor expresses his intention to transfer something to the person. Such relations are called unilateral, another striking example is the inheritance, in which only the testator determines what the further fate of his property is.
Transactions in which the will of two or more entities is required are called multilateral. When concluding a written contract, it is sealed with signatures of the parties, which is a confirmation of its conclusion. It must be understood that multilateral relations are understood not only as a treaty. So, public relations, as a rule, arise and exist within the framework of many participants, which can conditionally be divided into those vested with power and those who do not have such rights.