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Objects of legal relations: concept and types

The structure of the legal relationship consists of 4 components: opportunity, subject, obligation and object. Interactions may vary. For example, there are such categories of legal relations as two-, one-, and tripartite. There are also such interactions in which the number of participants is not determined. Bilateral acts, for example, between employer and employee relations. In this case, the first has the right to demand the second performance of labor tasks. In turn, the employer must pay for the performance of the work. Unilateral legal relations take place under a deed of gift, for example. It is concluded by two participants. However, one has only the right to receive property. In this case, the other side has only the obligation to transfer it. objects of legal relations

Object, subject and content of legal relations

In the examples above, the participants are bound by mutual responsibilities and opportunities. They constitute the special content of legal relations. However, in addition to these elements, the essence of interactions is contained in real behavioral acts on the use of opportunities and the performance of duties. As mentioned above, there are 4 structural elements. Subjects and objects of legal relations deserve special attention. Using a philosophical approach, we can say that these two elements are opposed to each other.

Subject and sides of interaction: general information

The legal literature uses such definitions as subjects and objects of legal relations. These categories are considered paired. Objects of legal relations - this is what human activity is directed to. Turning again to the philosophical point of view, we can say that in practice the concept refers not only to people as intelligent beings, but also to any other fragment of reality. As it, for example, can be a behavior, process, state, object. In this regard, any phenomenon that experiences the effects of another phenomenon can be considered the object of the latter. Given the relationship, the elements can change places. That is, an object can become a subject.

There are also reverse situations. In this regard, legal science defines such categories as the object of law and the object of legal relationship, responsibility, punishment, application and interpretation of laws, and so on. In all the examples cited, the elements do not possess exclusively philosophical characteristics. They mainly serve operational purposes. The same thing is observed in other, especially applied, sciences. A person can only act as a subject, and not an object of legal relations.

Only under the slave system people were considered as a subject of sale. Modern legal systems do not allow such an attitude. Nevertheless, there are cases of clandestine trafficking in persons (girls, children) in a number of countries. The international system recognizes such actions as criminal offenses.

The subject of legal relations is the organization or individual who acts as carriers of subjective duties and rights, in accordance with the current law. In fact, not all institutions and people may fall into this category. This may be due to various economic, psychological, physiological factors. In legal interactions, mentally ill people, young children, bankrupt organizations cannot be parties. subjects and objects of legal relations

Measure of participation

It is determined by the legal and legal capacity of the subjects.The first definition should be understood as the legislatively fixed ability of an organization or an individual to have legal capabilities and fulfill obligations. The legal capacity of subjects begins from the moment of birth and ceases after death. It does not act as a natural property of people. Legal capacity comes from objective law. It focuses on the responsibilities and opportunities that individuals or organizations may possess, which does not mean that they really have them.

In order to enter into legal relations, a legal entity must also be competent. This, in turn, means that the participant in the interactions can independently, through his own informed actions, fulfill legal duties and take advantage of the opportunities enshrined in the law. Legal capacity is general and special. The first applies to all legal transactions, the second applies to their strictly defined category. Legal capacity does not always coincide with legal capacity. The latter is present in all people. However, some of them may be incompetent. However, there is another provision. All competent people have legal capacity. The latter category, as can be seen, is more extensive.

The essence and scope of legal capacity

They depend on the following factors:

  • The age of the subject. The law defines several categories. In particular, the age of political, civil, marriageable age has been established. Depending on this, legal capacity is considered limited or full.
  • Health status. A mentally ill or demented subject may be declared legally incompetent by a court decision. At the same time, a guardian is established for him. He fulfills his civil rights and obligations.
  • Kinship. This criterion applies mainly to marriage, family relationships.
  • Law obedience. Persons who are serving a sentence have limited legal capacity.
  • Religious beliefs. Believers can refuse to serve, replacing it with an alternative.

Main elements

As subjects in legal relations can participate both citizens of the country, and foreigners and stateless persons. The latter should stay within the state. The totality of all freedoms and opportunities forms a legal status. The law also defines another category. Collective entities can act as a participant in legal relations. These include private, public, state organizations and the state in general. The activities of institutions are determined either by their charters or by law. An organization that has property, is capable of acquiring material and personal rights on its own behalf, fulfilling obligations, and also be a defendant or plaintiff in arbitration or arbitration court is recognized as a legal entity. object and content of legal relationship

Subject of interaction

It is known that various kinds of public relations act as the subject of legal regulation. But they are quite complex, consisting of many elements of reality. Legal norms and the relations formed on the basis of them do not mediate absolutely everything, but only certain areas, fragments, sections of these interactions. In this regard, quite specific questions arise. What can be the objects of legal relations? What acts as them in practice?

Interpretation of Definition

The very concept of the object of legal relations in the legal literature is revealed in different ways. Nevertheless, in the course of rather lengthy discussions, two concepts were formed. According to the first, monistic, the objects of legal relations are the actions that the participants perform. This position is explained by the fact that only the activity of people can be regulated by legal norms. In turn, human behavior acts as a reaction to the legal impact.

In accordance with the second concept - pluralistic - the objects around which the parties interact are very diverse. Proponents of this position believe that the norms affect not only the people themselves, but also those or other material objects of legal relations, government agencies, social associations, organizations, institutions, institutions. They also change or set different statuses, states, modes. Wherein subjective law It is considered not only the ability to carry out actions, but also to have certain benefits. Norms enshrined actions such as disposal, use, ownership of property.

The objects legal relations: concept and types

In accordance with the second theory, several categories are distinguished. The object and content of the relationship are closely related elements. The classification of the former is carried out depending on the type and nature of the interactions. In particular, the following types of objects of legal relations are distinguished:

  • Material wealth.
  • Products of spiritual activity.
  • Intangible goods.
  • Behavior.
  • Documents and securities. object of law and object of relationship

Wealth

These include, for example, values, things, objects. These are mainly types of objects of civil legal relations. Material wealth is involved in the sale, exchange, mortgage, gift, testament and others. The concept of an object of civil legal relations also includes various services or the results of work that have a material or material form. These, for example, include the result of repairs or construction. In other words, objects of civil legal relations are not only things, but also, in fact, activities to improve or create them. This group also includes services that are not accompanied by a change or formation of objects, but form a certain useful effect of a material nature.

However, it does not have to materialize. For example, you can name such objects of civil relations, as services for the transportation or storage of goods, cultural, recreational and other events. All of them are united on the basis of their economic nature as goods that require a civil law regime. In this case, one should distinguish between things that have a certain commodity form and other material goods. The latter include services, work, activities of individuals and organizations, that is, the behavior of obliged participants in the interaction. For example, a contribution to a bank or a share in the property of a partnership, cooperative, or society is not a thing, but an opportunity to demand certain activities of obligated persons. In this regard, special relations are formed around this category - corporate or membership.

Intangible goods

Such objects of legal relations are inviolability and security, health and life, freedom and dignity of people. Around these categories, as a rule, criminal and procedural relationships are formed. The results of spiritual creativity are also considered intangible goods. This, for example, works of literature, inventions, scientific discoveries and others. Also in this category include industrial designs, trademarks, trade names and other objects of industrial law.

Personal benefits protected by law are considered intangible. In addition to the latter, these objects of legal relations can acquire an economic commodity form. This, in turn, translates them into the category of property items. In this regard, the economic definition of goods as an object of turnover is embodied not only through property, but also other, non-material including things. The vast majority of objects of human interaction acts as products. In a certain sense, the category of goods can be considered a synonym for the class of the object of civil legal relations, if we do not take personal benefits into account. objects of land legal relations

Other categories

The category "objects of legal relations, the concept and types of which are considered in this article, include the actions and behavior of participants, the results of their activities. They act as objects of interaction, which are formed on the basis of administrative standards in the field of consumer services, management, cultural, economic and other activities.

The objects of legal relations include documents, securities. In particular, these are bills, bonds, passports, privatization checks, money, certificates and so on. They act as objects of legal relations in case of replacement, loss, restoration, change, etc. Today in Russia, a securities market has been formed, in which there is a sale of shares. In this regard, they act as objects of transactions.

Sites as subjects of legal interactions

Separately, it should consider the objects of land relations. As them always are sites or their shares, determined individually. Land - a separate fragment of the territory. On the terrain, it is indicated by borders. Land shares in the plot are considered independent objects. However, they are not distinguished on the ground. Objects of land legal relations are only those elements for which a certain legal regime is established.

In the law, in particular, there are no indications of such properties as the type of soil, terrain, terrain, and others. All lands of the Russian Federation are divided into categories according to certain characteristics. So, for example, there are territories of settlements - urban and rural areas. In accordance with the existing classification, a certain scheme should be used when highlighting the features of the plots. In particular, the following sequence of definition of features takes place:

  • Common signs.
  • Properties by category.
  • Features by type.

The resulting classification, which affects the content of legal relations, makes it possible to obtain a system of information about a particular object. relationship object concept

Common symptoms

Features that are common to all lands of the Russian Federation are expressed in the fact that the territory of the country is part of the environment. In this regard, its use should not contradict the laws of nature. So, land users, owners, tenants, owners are charged with the obligation to introduce environmental technologies, to prevent environmental degradation. The earth acts as the basis for the activities and life of the peoples who inhabit the corresponding territory. In this regard, users of sites, first of all, should take into account the interests of these people. This task is realized through the rational conduct of economic activity on the lands that are at their disposal.

The second sign is the fact that the area acts as the only territory where people can live. Land, therefore, cannot be replaced by another habitat. In this regard, in the process of providing plots in the places of residence of ethnic groups and small nationalities for purposes that are not related to their economic activities, the opinion of the population is taken into account when deciding on coordinating the location of a future object.

The third feature is limited land. This fact requires normalized and economical farming. Land acquisition, in this regard, can be carried out exclusively within the limits established by law. Rationing of plots is carried out when providing them both for construction or business activities, and for agricultural purposes. The fourth feature should be considered real estate territory. This, in turn, gives rise to different forms of land relations.Among them, for example, the allocation of land in kind, the establishment of the boundaries of administrative territorial entities, the formation of new or streamlining existing possessions, and so on. types of objects of civil legal relations

Category Features

They come from the intended purpose of the site. This, in particular, is about the main criterion by which this or that land is assigned to a certain category. For example, agricultural areas are suitable for use in the relevant industry. Moreover, the attribute on the basis of which the classification is carried out does not exclude the presence in the category of land with other properties. So, in the territory of the forest fund agricultural lands can be located.


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