Legal facts and their classification are important concepts in the field of human life, reflecting the different stages of the relationship between citizens. These are the concrete realities of life with which the legislative norms link the occurrence of specific legal consequences.
Prerequisites for legal relations
For relations between citizens to occur, prerequisites are needed.
The prerequisites of a material nature are the needs of citizens, their interests. Under the influence of these provisions, relationships arise between people. As a result, there are circumstances of a cultural and socio-economic nature that require legal regulation.
Legal prerequisites are a combination of three elements: legal personality, legal norms and events (actions, specific life circumstances due to which legal relations arise, change, and cease).
Legal facts and their classification
As a basis for the classification of circumstances, their signs are used. Features of legal realities:
- These are specific circumstances of life that are expressed externally and really exist at a particular moment or time span.
- These are circumstances stipulated by legal norms that predetermine its properties in the legislative sphere.
- These are circumstances that contain information about the specific state of types of social relations (for example, offenses, the presence of property, etc.).
- The basis of legal realities is the presence of specific circumstances, which causes specific legal consequences.
These circumstances are prerequisites for relations between subjects of legal interaction. Their content is recorded in the hypotheses of legal norms. Legal realities of this type play a major role in the system of legislative power, as they are a connecting element between the rule of law and real relations in society.
The relationship that is established between legal type circumstances enshrined in the hypotheses of the provisions of the law and obligations, as well as rights from dispositions of the same rules, is not causal. This is due to the fact that the interaction of elements is established by legislative law-making bodies.
Before you start interacting with real life situations, legal circumstances affect people, organize their behavior, translating the abstract legal model into the real behavior of specific entities.
A set of certain realities of the legal type carries out a kind of individual sub-normative regulation. If these circumstances exist, sanctions and dispositions of legal norms “work”.
Under the influence of the totality of elements, the norm is realized in specific situations, when the law passes from a state of rest in theory to movement in a specific life situation. The result of this process is the demand for potential inherent in it in society.
Legal facts and their classification, together with legal norms, determine the specific content of obligations and rights of participants in any legal relationship. Often, the termination or occurrence of legal relations requires the presence of several circumstances of a legal type, which together form the legal composition.
For example, for a pension relationship to arise, it is necessary that three circumstances arise simultaneously:
- set age;
- there was a corresponding experience;
- the authorized body decided on the appointment of pension payments.
Types of legal circumstances
Legal facts and their classification depend on the basis of the division. The theory of law identifies five such criteria:
- By the nature of the consequences that arise: law-changing, law-making, law-ending, complex.
- By willful sign: actions, events.
- By duration of action: short-term, lasting.
- By quantitative composition: simple, complex.
- By value: positive, negative.
Types of circumstances of a legal type by the nature of the consequences
According to the classification of civil legal facts by the nature of the consequences, four types of circumstances are distinguished:
- law-changing - correct legal relations (for example, the exchange of apartments);
- law-making - are the basis for the emergence of legal relations (for example, marriage);
- terminating - cancel relations that have arisen between the entities (for example, graduation)
- universal, complex - form, terminate and change legal relations at the same time (for example, divorce).
Types of circumstances of a legal type on a volitional basis
Legal facts and their classification on the basis of expression of will are divided into actions and events. Actions are circumstances that depend on the will of citizens. They are divided into legitimate (corresponding to legislative norms) and illegal (violating the laws of the country) actions.
Unlawful acts are divided into crimes and misconduct. Lawful actions are divided into actions (for example, finding a treasure), acts (for example, transactions, decisions, statements).
The classification of legal facts by consequences distinguishes events in the form of circumstances that are objectively independent of consciousness, the will of people (emergency events). Events are divided into three groups:
- Periodic, unique.
- Relative (caused by the actions of people, but arising independently of this), absolute (independent of the activities of people).
- Long, instant ..
A separate basis for the classification of legal facts is normative conditions (for example, kinship, incapacity, marriage).
Types of circumstances of regulatory type by duration
Legal facts and their classification by duration of action are divided into types:
Short-term facts are short-term actions or actions of a non-durable type. For example, a fine, a crime.
Continuing circumstances are long-term actions, processes, and conditions. For example, citizenship, kinship, etc.
Differentiation of the indicated actions or events into the indicated categories allows one to establish when the consequences may occur and by what events or phenomena they can be caused. Also, the division helps to establish the moment of the end of certain actions, events.
The concept and classification of legal facts by quantitative composition
The specified sign distinguishes two types of actions, events: complex and simple. If the occurrence of legal consequences requires the simultaneous presence of several facts, the legal composition takes place.
According to legislative norms on the concept, the classification of legal facts, legal structures are divided into types:
- Completed (having the necessary set of facts of a legal type).
- Incomplete (accumulating the necessary list of facts at present).
According to another criterion, they are divided into types:
- simple (related to one legal industry);
- complex (related to different legislative branches).
Types of Legal Facts by Value
The classification of legal facts in civil law by value includes two types of facts:
- Positive.
- Negative.
The facts of a positive type are circumstances of life, due to which legal relations arise, change, or cease (for example, reaching a certain age, getting married).
Facts of a negative type are situations in which the absence of an event itself is the basis for termination, change, or legal relations (for example, the absence of family relations between citizens and official marriage in both is an important condition for registering relations).
The concept and classification of legal facts in civil law allows you to determine what events can cause, change or terminate any legal relationship. In addition, the division of facts into groups helps to establish whether one particular event is sufficient for the onset of legal consequences.