Normative documents use a variety of concepts. In particular, they include such terms as crimes, misconduct, acts, legal facts, lawful acts , etc. All these concepts have their own specific features.
Legal events, acts
For a better understanding of the meaning of norms, it is necessary to have a clear idea of the categories used in them. Often in certain documents, a term such as an event is used. By it is meant a circumstance that arises regardless of the will of the subject of the legal relationship. For example, it can be a person’s death or his birth, natural disaster, expiration of a term, etc. Legal actions are the result of a person’s conscious behavior. This may be the conclusion of an agreement, fulfillment of an obligation, acceptance of an inheritance, creation of a work, etc. It should be said that an event can be triggered not only by natural forces, but also by direct human actions. For example, a fire can occur from a lightning strike, and from arson. Regardless of the cause, fire is always an event. The will of a person does not affect its course. Crimes, misconduct, deeds are legal facts caused by human behavior.
States
This category is distinguished by researchers apart from events and actions. The states are continuous circumstances. They serve as the basis for legal consequences. For example, states consider the existence of a certain length of service to receive an established pension, dependency, and so on. Meanwhile, the division of legal facts into three groups is not common in practice.
People behavior
Not all events and deeds give rise to certain civil law consequences. This is characteristic only of those with which norms associate certain results. Civil law regulates the social relations of the entities from the actions of which these interactions are formed. The behavior of people can be different. In particular, it may be lawful or unlawful. The first form volitional behavior. It is consistent with established standards, the content of duties. Illegal legal acts are violations of legal requirements. They entail the application of sanctions established by norms.
Key categories
According to experts, most people tend to be lawful. It is divided into legal acts and legal acts . The former produce consequences only if they are committed with the appropriate intention. In other words, the will of the subjects is aimed at obtaining a specific result. Examples include joining a joint-stock company, signing a contract, etc. Legal acts form such legal behavior that gives rise to consequences regardless, and in some cases, contrary to the intentions of the people who committed them. This feature is key in their characterization. It determines, for example, the difference between a transaction and a legal act .
Specificity
Legal acts are associated with consequences due to the willful influence of a person. It does not matter if they were aimed at obtaining a particular result or not. Legal acts are, for example, the creation of a work of art, recognition of duty, etc. Authorship arises when writing a novel in a form that is accessible for reproduction. It does not matter if the subject had the intention to acquire copyright or not. If a person finds a lost thing, he has a duty to return it, even if he did not have a desire to do it. As for legal acts, they are considered a more capacious and broader concept in science. This is due to the fact that they cover a significant number of different phenomena.
Legal acts
They are divided into 2 groups. The first includes administrative acts. They are always committed in order to cause certain consequences. In this regard, most administrative acts serve as the basis for the formation of the same relationship. However, there is a special category of them. Some administrative acts are aimed at creating not only the same name, but also civil law consequences. An example is the issuance by a local government of a warrant to a citizen for a living space. In this case, there is an interaction not only between the administration and the residential organization, but also between it and the citizen regarding the signing of an employment contract.
The second group includes transactions. Their essence is defined in the 153rd article of the Civil Code. According to the norm, such a behavior is the behavior of individuals and organizations, which is aimed at the establishment, termination or change of duties and rights. These include, for example, buying and selling, announcing a tender, rent, testament, etc. Transactions are performed with the aim of causing specific civil law consequences.
Category Defects
Currently, the study of legal facts is becoming increasingly important. This is due to some problems that exist in modern legislation. When establishing legal facts, their shortcomings and defects are often identified. They are associated in some cases with content, in others with an external expression of essence. In theory, the defectiveness of facts is divided into relative and absolute. The latter means that a certain circumstance loses its legal significance and, accordingly, cannot be used as a legal fact. Relative is called the defectiveness inherent in this relationship. For example, the non-recognition of the experience in accordance with which a pension is granted on preferential terms cannot exclude its use for receiving payments in the general manner.
Solution of problems
The appearance of a defective fact is caused by a direct violation of the legal order. In this regard, the legislation cannot but respond to this. To overcome the adverse effects provoked by shortcomings, the state uses different methods to smooth out contradictions in the norms. First of all, stabilization of consequences is ensured. In certain cases, legislation preserves the results that occur when a defective fact occurs. This is because all interactions are mutually dependent on each other. Accordingly, the destruction of one relationship will provoke the collapse of another. Among the stabilization methods, for example, it can be noted that the invalidity of a marriage cannot affect the rights of a child born in it. Another option to solve the problem is a delay in the onset of consequences. This method is quite widely used in detecting violations of standards at the stage of formation of legal relations before gaining strength.
Important point
Defectiveness of a fact cannot be equated with wrongfulness. She is considered an extreme form of lack. However, unlawfulness may be caused by circumstances that do not qualify as a violation of the rules. For example, this may be a deviation from the form of the document, etc. However, not every illegal action is considered as defective. This is because no force can make them legal.
Conclusion
To ensure the legal force of the facts, it is important to correctly, timely establish, fix, prove them. The speed and quality of observing the interests of the subjects will depend on this. However, in practice, it is precisely in connection with the failure to perform these actions that various problems arise. Many of them subsequently have to be decided in court. Existing legal facts are very diverse. Currently, researchers note their lack of knowledge. This undoubtedly affects the quality of law enforcement.