The content of legal relations

The content of legal relations is a concretized form of expression of the abstract essence of the implemented norm relating to objective law. In each case, a specific result occurs. So, in one case, the content of legal relations can express the concretization of the abstract foundations of the norm hypothesis in the form of the presence of specific circumstances that have legal significance. In another, there is a clarification of the provisions of the regulatory disposition in the form of the corresponding legitimate actions of the active, mutually agreed upon nature of competent subjects of interaction. In the third case, the content of the legal relationship is presented in the form of concretization of the provisions of the regulatory sanction, which is expressed in the form of an appropriate decision or act (legal enforcement measure).

Fundamentally, the very definition of the interactions under consideration. The legal relationship is a construction and a category of doctrinal reflection and clarification of the process of action, the embodiment of the established law, but not the category of legal establishment (lawmaking). In other words, the interaction in question is not a means and form of initial regulation and regulatory impact on the participants in the interactions.

The content of legal relations is considered exclusively legal, has a formal legal nature. The interaction in question is endowed with the same volume and the same regulatory mechanism as the norm. The essence and mechanism consist of special structural components of the norm (sanctions, dispositions, hypotheses), as well as their regulatory functions.

Legal relationship and legal norm are two forms of one expression of the regulatory mechanism. The difference between them is that in the first case we are talking about a dynamic, concrete-implementation form of the regulatory process. The rule of law in this case is a static, abstract, general form.

Legal relationship is a general regulatory and procedural form of concretization and expression of the abstract meaning of law. Within these limits and in accordance with the established requirements, all actions and relationships of the parties (entities) should be carried out in the course of their implementation of their duties and capabilities.

The content of civil relations includes subjective duties and rights that belong to certain participants in the formed interaction. The responsibilities and capabilities of the subjects are formed simultaneously. In the process of exercising rights, the content of the relationship under consideration may change. This, for example, can happen in case of improper performance by one of the parties of their obligations under the contract.

The structure of the essence of this interaction can be complex or simple. In the framework of a simple construction, one side has subjective rights, while the other has duties. The bulk of the relationship is characterized by a complex structure. Such a construction assumes the presence of subjective duties and subjective capacities simultaneously on both sides.

The content of land relations is fixed by the norms of the corresponding field of law. The subjects realize their capabilities and responsibilities by performing active actions (building a site, for example) or by refraining from carrying out one or another act contrary to the law.

The content of these legal relations depends on the composition of the participants, the type of interaction, the characteristics of the object. The range of responsibilities and capabilities of the parties to the relations under consideration is defined and enshrined in the relevant legislation.

Source: https://habr.com/ru/post/F34182/


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