Almost every aspect of modern society permeates the law. Many types of relations taking shape in society are regulated by the norms of laws, by-laws and other legal documents. Such relationships are called legal relationships. In this article we will consider the concept, structure and prerequisites for the emergence of legal relations.
Legal relationship
A legal relationship can be defined as a legal phenomenon, which is the relationship of legal entities regulated by legal norms with respect to an object. An object of legal relationship is any substance that has a certain meaning.
The subjects of legal relations are otherwise called parties and are vested with specific rights and obligations. The relationship between the parties, the legal relationship develops according to their will, and this means that the legal relationship has a conscious volitional nature. In addition to the will of the subjects, there are other prerequisites for the emergence of legal relations, which will be discussed below.
The content of the legal relationship is formed by the rights and obligations of its subjects. The law of the subject of legal relations is a measure of the possible permissible behavior of such a subject, as provided for by law or other legal act. The obligation is the norm of the necessary behavior of the subject of legal relations, that is, the subject is obliged to act in accordance with the prescription.
Prerequisites for legal relations
The occurrence of legal relations is determined by the presence of certain circumstances, which are called legal facts. Here are the legal prerequisites for the emergence of legal relations. Legal facts are divided into actions and events, while the occurrence of an event does not depend on the will of a person, and the occurrence of an action depends on the consciousness and will of people.
According to another classification, the prerequisites for the emergence of legal relations are divided into material and legal. Material prerequisites represent the interests and needs of people in connection with which they enter into legal relations. Material premises are also called social. Legal prerequisites are the rule of law, legal personality and the same legal fact.
The subjects of legal relations
Legal relations are divided into branches of law on constitutional, civil, administrative, labor, family and others. In this regard, the subjective composition of various legal relations may vary.
Most often, the subjects of legal relations are citizens (individual entities) and organizations (collective entities).
Of particular interest is the question of who can be the subject of administrative legal relations. Such entities (in addition to citizens and organizations) also include state bodies. Legal relations arising between state institutions and other entities are called public law.
It should be noted that legal relations imply the presence of two or more subjects of interaction.
Properties of legal entities
Speaking about the subjects of legal relations, one cannot fail to mention the properties that such entities should possess. These properties include legal capacity and legal capacity. Under the legal capacity refers to the ability of the subject through legally significant actions to acquire rights and exercise responsibilities. Legal capacity is the ability of an entity to have any rights and fulfill obligations. Citizens may not always have legal capacity, while legal entities and other organizations have these properties by default.