Legal relationship is ... The concept, types of legal relations

Legal relationship is a special category of individualized interaction. It is formed on the basis of legal norms. Legal relationship is a relationship that arises between persons with subjective responsibilities and relevant capabilities. This interaction is supported by coercive state power. Further we will consider what examples of legal relations exist, we will characterize the known categories.

Signs

Legal relationship is a category that has distinctive features. The following signs act as them:

This connection arises on the basis of legal norms.
The presence of an individualized nature of varying degrees.
The implementation of interactions is carried out through legal duties and subjective rights.
The presence of a strong-willed character.
State power guarantees the activities of the authorized person and ensures the implementation of duties.
The specific internal structure.
The certainty of the nature of obligations and legal possibilities, that is, the behavior that participants in legal relations should follow.

Volitional element

Many common legal relationships arise from behavioral acts. An interaction can be formed without the influence of an individual volitional element. In this case, most of them are implemented in accordance with the conscious actions that the participants in the legal relationship take. In interactions, an internal structure is distinguished. It includes objects, subjects, and content.

Classification of legal relations

The separation of categories is implemented in accordance with special legal functions. On this basis, there is the following classification of legal relations:

Security. These relationships are formed on the basis of relevant standards. With the help of such interactions, measures of responsibility, protection of subjective law, and preventive instruments of state coercion are implemented.
Regulatory. Such interactions appear with legitimate behavior. They are aimed at consolidating, developing and streamlining public relations. Based on relevant standards, they form subjective legal opportunities and responsibilities.

Recent civil legal relations, in turn, are divided into the following types:

Active. These types of legal relations reflect the dynamic function of norms. They take shape on the basis of binding measures. Such legal relations differ in that they impute duties on the person with positive content. This means that the subject must carry out certain actions: transfer the thing, provide the service, and so on. Thus, the satisfaction of the interests of the authorized person occurs with positive - active - behavior.
Passive. These civil relationships reflect statistical functions of law. Such interactions are formed on the basis of prohibiting and governing norms, which are considered in conjunction. Passive legal relationship is a category of communication in which the obligated person does not commit an active action. He is charged with inaction - abstinence from any behavior. In this case, the authorized party shall satisfy its interests with its active actions.

Individualization of subjects

According to this criterion, the following types of relationships:

Relative. In such legal relations, all entities are identified by name. Such interactions are called bilaterally individualized. Examples of legal relations of a relative type: gift agreements, exchanges.
Absolute.In such legal relations, only one party is clearly named - an authorized person. The remaining entities act as obligated - "everyone, everyone." Features of legal relations of this category consist in the fact that only the bearer of a legal opportunity is known - the owner. All other persons who cannot encroach on the object are obligated. Thus, they are charged with passive behavior.

Content

The legal relationship includes the legal and material side. The first includes key elements of interaction: duty and opportunity. Material content acts as actual behavior. Authorized persons may, but those liable, must perform certain actions. They are formed from the permitted behavior of the active subject and due acts of the obligated person.

Action characteristics

The permitted behavior of the active subject is the possibility of demanding the fulfillment of the obligation by the debtor. In some legal relations (for example, in the right of ownership), a person carries out positive acts. They consist in the actual use and possession of spiritual and material values, actions of a legal type (disposal of a thing). Proper behavior, in turn, can be of three types:

Positive action. These include, in particular, organizational acts of state bodies, the performance of labor functions by employees, the transfer of things, and so on.
Abstinence from actions that may infringe on the interests of others.
The suffering (acceptance) of the obligatory impact that is carried out in relation to him.

Legal opportunity

Through norms, regulation of legal relations is ensured. The legal opportunity of the subject is a measure of permissible actions that belongs to the person and can be implemented by him to meet his needs. The right of some people is ensured by assigning responsibilities to others.

Demand

This possibility applies to other people's actions. It consists in the right to demand compliance with or fulfillment of any legal obligation (for example, to transfer the goods to the buyer). This feature can be implemented in two ways:

The requirement to fulfill active duties. This is the positive side of this authority. It is characteristic of interactions of the active type.
The requirement of compliance with passive duties assigned to the subject. This is a negative element, it is characteristic of passive interactions.

Claim

This power is included in subjective law and appears when a person violates a legal obligation. It is expressed in the ability to activate the coercive apparatus against the debtor. A claim acts as the substantive side of the relevant procedural law (for example, a lawsuit). A duty, acting as an integral element of interactions, is a measure of the prescribed necessary behavior. A person must follow it according to the requirements of the active subject in order to satisfy his interests.

Positive actions

The subject has the right to commit them. The content of this possibility is that the subject himself implements active behavior and, thus, satisfies his needs. The mechanism for the implementation of this power is very diverse. Implementing it does not require the assistance of third parties. Satisfaction of interest - the necessary effect - is achieved due to the actual behavior (actions) or automatically when any consequences occur (acceptance of the inheritance, for example).

Subjects

Public entities, organizations, individuals can act as them. Their legal capabilities and responsibilities are determined by laws. The legal relationship gives the subjects certain properties:

Outwardly known isolation.
Personification.
The ability to exercise, express and develop a single will.

Subjects of legal relations - persons whose rights are based on legal norms. That is, in accordance with them, the parties to the interaction get their opportunities.

Important elements

Each person has legal personality. It includes 2 elements: legal capacity. The latter should be understood as an independent ability of a person to realize their capabilities and bear responsibilities. Legal capacity is divided into several types. Acting as an ability to possess responsibilities and opportunities, it can be:

Common. It implies the ability of a person to act as a subject as a whole. That is, the state recognizes individuals or their association as bearers of law.
Industry. Such legal capacity involves the participation of a person in legal relations in a particular legal industry.
Special. It represents the ability of the subject to enter into a certain circle of legal relations within the framework of any legal industry.

The objects

They are objects or phenomena that surround a person for whom legal duties and opportunities are directed. Objects can be divided into the following categories:

The results of spiritual creativity. They are represented by products of intellectual activity: works of art, cinema and so on.
Objects of the material world. First of all, things are attributed to them. Around them are formed property relations. Things are objects of nature, present in it in a natural state, formed in the course of human labor. These include, in particular, production assets, consumer goods, securities, and so on. Things are divided into different types. For example, they can be immovable and movable, with or without connection with the land, intended for long or short term use, and so on.
Behavior of participants in interactions. It is expressed either in inaction or in action. In this case, the acts of the debtor (obligated) entity most often act as the object of legal relations, and in rare cases, the behavior of the authorized person.
Non-property personal wealth. They are objects that have a direct connection with a person. To them, in particular, include honor, life, dignity. With an encroachment on these values, protective legal relations are formed, which are regulated by the norms of family, administrative, criminal and other codes.
The results of the behavior of the parties to the legal relationship. They represent the consequences that arise from inaction or action. Quite often, legal relations, in fact, are formed in order for someone to achieve some kind of result. In such cases, the object itself will not be the interaction itself, but its consequences. An example is the conclusion of a contract of carriage. The active subject is not interested in the behavior of the obligated person, but in the outcome of his actions - the delivery of the goods intact at a certain time.

Special case

Recently, insurance relations have become quite relevant. Such interactions arise and are realized during the conclusion and subsequent execution of the relevant agreements. This type of connection is classified as lasting and complex in composition. Insurance relations are formed by four entities:

Service organization.
The insured.
Beneficiary.
Insured person.

Moreover, the last three entities may coincide in one or exist separately from each other, having their own set of responsibilities and legal opportunities. Such interactions are called continuing because they take place throughout the entire period during which the contract is valid.They can continue after its termination if an insured event has occurred. In such situations, the issue of making payments under the terms of the contract is decided. In this case, the basis for the termination of legal relations will be the transfer of all stipulated compensations or the expiration of the agreement.

The grounds for changing legal relations

Interactions cannot exist forever. They appear, last, change, end. Their existence is inextricably linked with objective norms. Along with this, legal acts do not generate, do not end and do not change the legal relationship. This requires the appearance of circumstances called legal facts. They can relate to different areas of life: nature or social activities. However, only those facts that are provided for in the norms are relevant.

Actions

Legal facts are divided according to their relationship with subjective will. In particular, they highlight legal actions and events. The first include human behavior, the expression of his will and consciousness. A feature of these legal facts is that norms associate consequences with them due to the presence of a volitional element. Actions can be:

1. Rightful. These volitional acts are consistent with the norms, content of duties and capabilities of subjects, not contradicting the requirements. Such actions are divided into:

Individual acts. The norms associate consequences with them in accordance with a strong-willed orientation.
Legal acts. Legal norms associate with them the consequences that arise by virtue of the fact itself, regardless of the direction of action.
Effective acts. Their norms are associated with the consequences that appear when a certain practical result is achieved (the activities of the inventor, author of the book, and so on).

2. Wrongful. These actions do not comply with the established requirements, infringe on the rights of subjects, are not consistent with the responsibilities that are assigned to the person. property relations

Developments

They are not dependent on human will. Events may be:

Absolute. They are not caused by human activity and do not depend on it in any way.
Relative. These events are provoked by human behavior, but act independently of the reasons that gave rise to them (technological accidents, for example).

Form of manifestation

According to this criterion, legal facts are divided into:

Negative. Such facts express the absence of any particular phenomena. The legal norm connects the consequences not with the presence of certain circumstances, but with their absence. These are, in particular, certain conditions for marriage.
Positive. Such facts are actually existing preexisting or currently occurring real phenomena. These include, for example, spontaneous actions, administrative acts, and so on.

Limited action and condition

These criteria indicate the nature of the legal act. The facts of limited action are presented as circumstances with which the rules associate the consequences only in a specific situation. They act in only a known time period or at a certain moment. Then they disappear, giving rise to certain consequences (expiration of limitation, for example). Conditions include circumstances that exist over an extended period. They periodically or continuously give rise to legal consequences. Such legal relations are, for example, disability, state of marriage.

Actual composition

It is a system of legal facts. Such a system is necessary for the onset of consequences - change, completion, legal relations. There are two main types of actual composition:

Plain. In this actual composition, there is a complex of elements between which a non-rigid loose connection is established.
Difficult.In this system, facts exist in mutual conditionality. They are rigidly dependent on each other and must accumulate in a well-defined order.

There is another, mixed system. The facts are connected in it both rigidly and freely.

Conclusion

Thus, it becomes clear that the legal relationship is a rather complex complex in which various elements can interact. The nature of their relationship, attachment to subjects, the actual composition and many other elements determine the type of interaction, their status. A special role in the regulation of legal relations is played by legal norms. They determine the key conditions for interactions, the emergence of obligations and opportunities of the parties. They also provide for the application of coercive measures in case of failure to fulfill certain clauses of the contract. Of particular importance in legal relations belongs to the volitional element inherent in man, as well as his ability to bear responsibility for his actions.