Law is a rather complex and multifaceted phenomenon. The level of culture, order, everyday attitude of the population towards the state, as well as the laws and regulations that come from the authorities depend on its correct understanding. Let us further consider what constitutes objective and subjective law.
General concepts
Throughout their lives, people enter into various relationships to satisfy their needs. Over time, in accordance with this, certain norms, established models and rules of behavior are formed. Objective law as a phenomenon exists almost independently of the will of one or another subject. It is being formed gradually, acting as a regulator of social interactions. The subjective right acts as the claim of a person for possible behavior. In particular, a citizen may declare a desire to participate in elections, receive education, and so on. The subjective right belongs to a specific person. Using this opportunity depends on his will. Objective and subjective law exist interconnected with each other.
Theoretical aspect
The concept of subjective law acts as one of the basic categories. Like freedom, it defines the limits and measure of the citizen’s possible (permitted) behavior. In this case, one should understand the differences that have subjective rights and legal obligations. The last category establishes a measure of proper behavior. Subjective law is based on objective norms as a result of regulation of public relations. Their content is the behavior of participants, which is aimed at the realization of their capabilities and compliance with regulations. The norms establish models of behavior of specific categories, that is, indicate who exactly has subjective rights and legal obligations.
Methods of acquisition and implementation
The subjective right is acquired along with the formation of a certain relationship. If the latter is regulated dispositive norm that person may refuse the opportunity available to him. In particular, it has the right to transfer it to another entity. Based on such a refusal, the interaction ceases or changes.
If regulation is carried out peremptory norm then the rejection of the subjective right established by her has no legal significance. In particular, such categories include personal constitutional capabilities of a person. Along with this, the subjective right is freely exercised. This means that a person may refrain from using it. Subjects with rights are free to imperfect or commit any actions within the limits of permitted behavior. The realization of the opportunity is carried out with the aim of obtaining an intangible or material good, regarding which an attitude has appeared. Achieving it occurs, in fact, by committing or refraining from performing any action.
Civil law
In civil law, subjective law is distinguished by a sufficiently deep elaboration. It should be noted that this phenomenon has existed since ancient Rome. The subjective right is the legal ability of a person to act in a certain form. It has an established type of security. In particular, an authorized person may demand that actions be taken or abstention from other citizens.For example, the owner has the ability to dispose and use the property that belongs to him. At the same time, he has the right to demand from others to refrain from encroaching on his things or objects. In this case, subjective rights and legal duties concern different persons, but are connected by one subject. In case of creating any obstacles on the part of other persons in the exercise of their capabilities, the owner may appeal to the court.
Protection methods
Subjective law can be relative or absolute. In the latter case, the person has the opportunity to demand the implementation of certain actions or to abstain from them from an indefinite number of persons. For example, the author of a work owns the right to inviolability of his creation. This means that he has the ability to prohibit anyone from making changes, reductions, additions to the work. Along with this, the author may demand that specific actions be taken that are necessary to restore the violated or infringed right.
A relative opportunity involves focusing on a specific person or group thereof. For example, the creditor may require the debtor to fulfill certain conditions of the contract. In this case, the subjective right of the person corresponds legal obligation another subject or group. Refusal of its opportunity, according to the general rules, does not entail its termination if it does not transfer to another person.
Subjective rights and obligations
These two categories make up the content of social relationships. Rights and obligations are determined depending on the nature of the interaction itself, as a result of which they arose. Of particular importance is the specificity of their development. A legal obligation is a measure of the proper conduct of a person established by law and contributing to the satisfaction of the interest of an authorized participant in the interaction.
Classification
In legal relations distinguish between active or passive duties. In the first case, they provide for the performance of certain actions. These, for example, include the payment of debt or the supply of goods. Passive duties consist in the need to refrain from any behavioral acts that are undesirable for the subject of law and infringe on his interests. For example, one spouse, if living separately from another, should not prevent the second from taking part in the provision and upbringing of children. That is, in this case, he should refrain from actions that would not allow a minor to meet with a parent who does not live with them.