A legal obligation is a measure of a person’s correct behavior, which is determined by objective rights. It can be implemented not only in the form of official relations. However, they are practically significant.
Systemic parts of legal relations
Subjective law, along with legal duty, are systemic elements of official relations that give them such a singularity. Depending on a particular legal norm, the degree of freedom and satisfaction of participants in each individual case can be established. Despite the fact that the content of these two concepts is different, they are considered equivalent parts of the relationship.
Rights and obligations have their limits and scope and are determined by existing norms. In relations, they are specified according to personal subjects. Each of them builds certain behavior depending on the existing legal boundaries. They also include freedom of action.
The concept of subjective law
Subjective law is an opportunity to satisfy one’s own interests. It is provided and protected by the state. This applies to both individuals and legal entities. It got its name from the fact that only the subject himself can dispose of it. But at the same time, arbitrariness here is conditional, since from a legal point of view it has its own framework.
This category has three varieties:
- The possibility of positive behavior in order to satisfy their interests.
- An authorized party may require obligated persons to behave within the framework of established behavior for their own benefits of one kind or another.
- The authorized person has the right to protection from the competent state authorities if his rights have been violated. Here, most often we are talking about their forced implementation by one of the participants in the relationship.
The concept of legal obligation
Unlike the previous category, in this case, the object is obliged to coordinate its behavior with existing and submitted requirements. This is the legal obligation. A person who possesses it does not always act within the framework of his interests, but he is obliged to comply with the prescribed legal norms, which sometimes protect others. This category is considered as a condition for normal relations between participants in a given communication. This is where the real legal society is manifested.
A legal obligation is always prescribed by law and guarantees by the state that a certain party to the relationship will behave in an appropriate manner. If subjective law establishes a framework for behavior, then it all comes down to the need to behave according to the prescribed rules in certain relationships. The obligated party receives the measure prescribed for itself in order to satisfy the interests of others.
Classification
So, we have learned what constitutes a legal obligation, the types of this legal category are as follows:
- the need for active positive actions in favor of other participants in the relationship;
- withholding from actions that are prohibited by established standards.
The implementation of both components of the relations indicated above means that they will affect the behavior of its participants in the framework of existing measures of behavior that act in certain cases.
What is a legal obligation?
The legal responsibility, under which one party must be punished in one form or another for what has been done under the law, is somewhat similar to this concept. Although in fact they are slightly different.
Its contents are as follows: legal citizen responsibilities may include an action or abstention from it, as well as the need to perform a task in the framework of damages of any kind. A person may be limited in their own behavior or convenience.
Features of subjective duty
There is another concept in this discipline. This is a subjective legal obligation that can be recognized by such signs as:
- the need to adhere to one or another behavior;
- the existence of an obligation on the subject of law;
- it is assigned to satisfy the authorized party;
- the obligation is present in the relationship;
- acts as a measure of the required discipline;
- can exist only in accordance with legal law;
- has accepted standards;
- guaranteed by the state.
Differences of duty from subjective law
Legal obligation differs from subjective law in its categorical nature. That is, if a person is ordered to perform some actions or behave within certain behavioral frameworks, then this is not discussed. The imperative imperative is always included in the content of the discipline, from which it is impossible to retreat.
All this provides in legal relations the behavior regulated by the state and methods of coercive influence. For an obligation, all this is an integral part of discipline.
Also, a significant difference from subjective law is the inability to evade obligations imposed on themselves. If a person refused it or performed incorrectly, then his behavior under the law entails legal liability.
Active and passive legal relations
Each of their types differ in many respects from each other, therefore the functions in the legal relations between the objects will be different in each case. For example, if we are talking about their passive type (in particular, when it comes to property), then the legal obligation plays the role of a fence. Persons involved in a dispute should refrain from certain actions. And the authorized person has the right to commit positive actions by which he will satisfy his interests.
The active type of relationship includes labor and some civil. Duties here are the center of their legal content. The person to whom they are assigned must perform certain actions in order to satisfy the interests of the authorized person.
Whether behavior is active or passive in a relationship depends on their specificity. It is worth noting that combining them together is almost impossible.
If we return to the concept of legal obligation as a whole, then we must say about the presence of the third type of necessity. It is an obligation to hold accountable for your wrongful acts. A person must undergo coercive action for the perfect.
Obligations and subjective law are the key to normal relations between citizens in society. They themselves do not personify the behavior of subjects, they only provide the opportunity or the need to behave to them in the manner prescribed by law. And their implementation means influencing how participants in legal relationships behave.
