The whole modern world is a complex mechanism, the driving force of which is humanity. It is people who are the source of many things and phenomena that exist today. For example, a political structure such as society, at one time formed from banal tribal communities. An interesting fact is that any social formations could not exist without a regulator of social relations. After all, this element has the function of coordinating the activities of all people without exception. Without such a regulator, society simply cannot exist in an orderly fashion. Chaos and anarchy will begin. Today, the main regulator of society is law. This phenomenon penetrates absolutely into all spheres of human activity. This makes law a truly universal regulator. It should be noted that the mechanism of action of the presented regulator is based on specific relationships between subjects of jurisprudence. Today they occur everywhere. Moreover, legal relations, as they are called, have their own structure. The concept and types of relationships will be discussed in detail later in the article.
Category concept
In general, a relationship is a close relationship between two people. Moreover, it appears due to interests, common goals and other factors.
In turn, a legal relationship is also the interaction of two or more persons, during which a legally significant object is affected, and certain rights and obligations are generated. In all cases, the described category arises in the legal field. That is, there is an official basis for such a relationship.
Features of legal relations
Legally significant interaction is endowed with a large number of interesting aspects due to its formal basis. Given this, we can distinguish the characteristic signs of legal relations.
- This phenomenon occurs solely on the basis of legal norms that are contained in regulatory enactments.
- Parties to legal relations are endowed with duties and subjective rights.
- This interaction is always definitely and to some extent individualized.
- Legal relationship expresses the will of the state.
- The emergence of legal relations occurs on the basis of actions or inaction of the parties.
Thus, legal relations, the concept and characteristics of which are presented in the article, are a form of human interaction, after which the legal regime of the parties or any object changes.
Relationship structure
The category described in the article is structured. That is, several different elements act in its composition. Today, scientists argue that the legal relationship is a four-element structure in which the following main parts can be distinguished, namely:
- subject;
- an object;
- obligations of subjects and objects;
- subjective rights of the parties.
As we understand it, all the elements presented are interconnected. In addition, they are also complex categories, each of which is endowed with its own legal features. Thus, in order to study in detail the legal social relations, it is necessary to analyze their basic structural elements.
Parties in legal interaction (subjects of relations)
In jurisprudence, participants or subjects, as they are commonly called, are of great importance. But in this case, there are some features. When we talk about purely social relations, then their participants are always people. In this way they solve any problems and achieve a certain result.
Legal relations, the concept and characteristics of which are presented in the article, can arise both between individuals, that is, people, and between legal organizations.
This feature exists due to the specific nature of the subjects. According to an established tradition, participants in legal relations are social and legal units. In other words, the legal regime of the subjects is important, their rights and obligations, and not the form. But if everything is clear with individuals, then a legal question arises about who they are. Legal entities are organizations of a commercial and non-commercial type.
Features of legal personality
Participants in a legal relationship must have certain characteristics. Thanks to them, they can fully engage in legal interaction with other parties. These characteristics include legal capacity and legal capacity. In the first case, we say that the subject is able to possess rights and bear certain responsibilities in this regard. Legal capacity, in turn, characterizes a person’s ability to acquire civilian capabilities. Moreover, the fact of fulfillment of obligations, which is another element of legal capacity, is of great importance.
Object of legal interaction
As we already found out earlier, the rule of law, the legal relationship are interrelated categories. They complement each other. But it is worth noting that both categories extend their effect to specific phenomena, facts, in other words, legal entities. Among theorists, there is constant debate about the nature of the objects of legal relations. According to the most common opinion, they are benefits of a material and spiritual nature, which, in essence, give rise to interaction between people. These are objects of varying degrees of value, human activity and much more. However, the existence of an object, phenomenon is not a starting point for the emergence of meaningful interaction between people. Objects of legal relations are relevant only if there is a legal fact.
The concept and types of legal facts
It must be understood that legal relations, the concept and characteristics of which are presented in the article, do not arise on their own. They are preceded by legal facts. These are the specific circumstances of everyday life. It is they who influence the appearance, change and termination of legal relations. Legal facts are present in the hypotheses of the norms of official state acts. In addition, there are varieties of this category. According to the most common classification, legal facts are divided into events and actions.
In the first case, we are talking about situations that are completely independent of the will of people and their preferences. For example, a legal event is the death of a person. Actions are the exact opposite of situations. They represent specific circumstances caused by the willful decisions of people. Moreover, legal actions may be lawful and unlawful. A large role in this case is played by the motives and goals of human activity, as well as their legality. Legal actions are considered legitimate if they are performed within the framework of the current legal system of the state, are aimed at obtaining a positive result and do not violate the rights of others. In the absence of these criteria, life circumstances that depend on the will of the person will be unlawful. For their implementation, a person may be brought to legal liability.
Subjective rights of the parties
Legal relations, the concept, features, the composition of which were presented in the article, exist only in the presence of certain structural elements. Subjective law, as we have found, is one of them. The very essence of this element lies in its name. Indeed, subjective law is nothing but a measure of the personal conduct of the parties established by law. In each case, the presented category may be characterized by different legal possibilities, depending on the type of legal relationship. Nevertheless, in theory there are four basic competencies, which in all cases without exception characterize subjective law.
- The behavior of persons is always predetermined by the norms of official state acts.
- The subjects of legal relations have the right to demand the implementation of certain actions from any obligated parties.
- Obligations may be fulfilled as a result of applying to the competent state authorities.
- Subjective law determines the ability to use any value, whether it is an object or an intangible good.
Thus, the presented element of legal relations defines a really significant part of human interaction. After all, it is he who shows the possible framework of behavior.
Legal duties and their characteristics
Of course, legal relations, the concept and characteristics of which are presented in the article, could not have existed without the existence of certain obligations for the subjects of such interaction. This category is the basis of legally significant contact between people. Obligation refers to a specific order put forward to the person. Its purpose is to ensure coercion so that subjects act within a certain framework necessary for the holder of subjective law. Thus, obligations cannot be rejected, that is, abandoned. In addition to this, unfair implementation of the requirements in all cases will be considered an offense, which will entail legal liability.
Given the facts presented, we can say that the obligations are characterized by the following points:
- They "talk" about the need to commit or abstain from any action.
- Failure to comply is legally liable.
- Obligations help authorized persons to act within their capabilities, because other parties will not be able to legally obstruct it.
Types of Legal Relations
There are a large number of approaches to addressing the classification of legal interactions. The foundations of legal relations presented in the article show their essence and role in the modern world. However, the established theoretical concept of this category does not allow us to single out one classification feature. Therefore, all legal relations are grouped according to different criteria, for example:
- Depending on the legal industry, constitutional, civil, criminal and other legal relations are distinguished;
- by legal nature, all legal relations are divided into public and private;
- judging by the function of interaction, it can be regulatory or protective;
- Depending on the number of parties, all legal relations are divided into simple and complex.
The list provided is, of course, not complete. Scientists everywhere put forward new theories of the separation of legal relations.
Conclusion
So, we examined in the article the concept, signs, types of legal relations. Their existence and development in the modern world shows a breakthrough of human genius. Let's hope that over time, legal relations and the entire legal industry will only develop.