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Legal facts in civil law, their concept and types

The concept of legal facts in civil law considered one of the fundamental. For an ordinary person, reality consists of all kinds of circumstances, emotions, reactions. For lawyers, any legal relationship is primarily a collection of facts. legal facts in civil law

general characteristics

In practice, circumstances act as a starting point in the dynamics of relationships. Speaking in scientific language, they are considered as grounds for the emergence of civil rights. Legal fact also forms the prerequisites for vesting entities with responsibilities. There are many examples of such circumstances. Legal facts in civil law includein particular, the birth of a person or his death, unjust enrichment, creation of a work of art, transfer of debt, and so on. All these circumstances generate, terminate or change relations between different entities.

Socialist concept

About the circumstances that affect the appearance, change, termination of relations, many scientists argued. One of the concepts put forward by O.A. Handsome men. Legal facts in Soviet civil law he regarded it as a phenomenon that has come or lasts up to the current moment. These are key characteristics of the circumstances. An event that did not take place in reality, even if there is no doubt about its appearance in the future, cannot be regarded as a legal fact. It will be recognized as such only at the time of the offensive. Accordingly, as indicated Handsome men, legal facts in civil law cannot be "future". For some non-occurring period, one can only establish a measure of behavior, an obligation to accomplish something. For example, participants in a relationship may provide in the agreement a method and time for the performance of a condition, and not circumstances that may arise during the implementation of the contract. Legal facts in Soviet civil law not fixed as an independent fundamental category. However, it was clear from the content of normative acts that an act of a person having a normative basis cannot be confused with a desire to commit it. They cannot act as fait accompli the assurances of the subject that he will carry out any action. handsome men legal facts in Soviet civil law

Legal facts in civil law: concept, types

The doctrine uses many different terms. Key definitions include legal facts. In civil law, they are considered circumstances of existing reality with which regulatory acts link the onset of specific consequences. Simply put, these are well-defined conditions, the presence or absence of which acts as a prerequisite for the appearance, change, termination of a complex of subjective duties and opportunities for a certain circle of people. Moreover, not all circumstances can act as legal facts. In civil law they are endowed with a number of signs. First of all, they must have a specific action. Legal facts may be terminating, legal or changing.

Key Features

Legal facts in civil law should:

  1. Be specifically expressed externally. Circumstances should be objective. This means that feelings, thoughts, emotions are not recognized as legal facts.
  2. To characterize the absence or presence of certain phenomena occurring in the material world.It can be a variety of life events. For example, legal facts indicate a lack of relationship, the presence of an offense, and so on.
  3. They reflect information regarding the state of social interactions. how legal facts in civil law only circumstances that directly or indirectly affect the interests of the state, individual or society can act.
  4. Provided by the rules and fixed in the prescribed form.
  5. The consequences are prescribed by law. legal facts in Soviet civil law

Legal facts: concept, classification

Civil law shares circumstances on a number of criteria. The first is a sign of dependence on the will of the subjects. According to this criterion, legal facts-actions and events are distinguished. The former, in turn, are divided into legal and illegal. Events are circumstances objectively independent of the consciousness and will of people. Natural disasters are an example. Depending on the nature of the consequences, data divided into the following:

  1. Law-making. These include circumstances that determine the beginning of a relationship (employment, for example).
  2. Legal Changes. They correct interactions between entities that have already arisen (for example, housing exchanges).
  3. Right-ending. If they exist, relations between subjects end (for example, dismissal).
  4. Integrated. These legal facts in civil law are also called universal. Examples include marriage, sentencing, etc.

Other types of circumstances

The system of legal facts in civil law very diverse. Circumstances may be divided into short-term or continuing. The first, for example, includes a fine, the second includes the state of kinship, marriage, etc. Depending on the quantitative composition, complex and simple types of legal facts. In civil law, for example, for a right to receive a pension a complex of conditions is necessary. Among them - seniority, reaching a specified age, the decision of the authorized body.

Another criterion is value of legal fact. In civil law there are positive and negative circumstances. The first ones include those in the presence of which appear, cease, change relations. For example, achieving a specified age. Negative facts - circumstances in the absence of which arise, cease, change relations. For example, the lack of kinship is necessary for marriage. handsome men legal facts in civil law

Actions

Within the framework of legal science, the content of this concept is much wider than its usual, everyday interpretation. Not only active behavioral acts can act as actions. These include inaction. Each behavioral act involves the onset of certain consequences. For example, as article 16 of the Civil Code points out, losses incurred by an individual or legal entity through unlawful inaction / action of state bodies, local authorities or their employees are subject to compensation by the relevant entity, municipality or state. The 1099th norm of the Code establishes that the moral damage that was caused by behavioral acts that infringe on the property rights of an individual is compensated in cases specified by law. The main property of action / inaction is that they express the subjective will. Moreover, for the onset of consequences, it is necessary to have a norm linking the behavioral act with the termination, appearance, change of relationship.

Action types

The system of legal facts in civil law formed through legal and illegal behavioral acts. Among the first are actions / inaction that comply with the standards. Unlawful behavior is considered to violate prescriptions, contractual terms, principles of law.Lawful actions are divided into acts and acts. Depending on the subjects, civil law, administrative and legal behavior, as well as court decisions, are distinguished.

Acts of subjects

As mentioned above, they relate to legitimate legal facts-actions. Such acts are aimed at creating, terminating, changing relations. One of the most common acts is deal. As a legal fact of civil law they are aimed at achieving a result favorable to the participants. For example, concluding a contract of sale, one entity seeks to own a thing, and the other - money. Legal acts are other acts that do not have the properties of transactions. For example, if the tenant at the end of the period specified in the agreement does not pay the next fee more than 2 times in a row, the owner of the property may demand early termination of the contract after sending a notification to the offender about the need to fulfill the obligation. In this case, the landlord, issuing such a notice, is sometimes guided by the desire, on the contrary, to keep the transaction in force. But if, after receiving the notification, the user evades fulfillment of the obligation, the owner may demand termination of the agreement, regardless of his initial aspiration. legal facts in civil law

Corporate acts

They occupy a separate place among all civil law facts. Corporate acts are primarily decisions of the meeting of participants in partnerships, business entities and other economic associations having the status of a legal entity. They must be adopted in the manner prescribed by law. Only when this condition is fulfilled will corporate acts gain legal force for all participants. Despite the certain authoritative nature of such decisions, they are an expression of the will of individuals who, having joined the association, agreed to submit to the will of the majority. Accordingly, the scope of their action is limited to the enterprise and the entities interested in it.

Administrative public acts

They come from authorized bodies at the regional, federal and local levels. Administrative legal acts may act as grounds for the emergence of civil relations, their change or termination. By their nature, they are non-normative. Their action is aimed directly at the occurrence of duties and rights of a particular person - the addressee.

It is worth saying that in modern conditions, when market relations have gained a lot of development, the degree of state intervention in business processes has significantly decreased. At the same time, administrative acts acquire the role of means of public oversight of turnover and tools to protect the interests of participants. For example, one of the main methods of regulating relations is the licensing of a number of activities. Acts of state bodies or municipal structures on the seizure of land plots that are not used for their intended purpose, on requisition of property in case of natural disasters, epidemics, accidents, and other emergencies also serve as protective equipment.

It should also be noted the role of state registration of legal events, actions and rights in the process of change, appearance, termination of legal relations. This procedure makes the circumstances public and reliable. The state registration acts as a means of controlling turnover to ensure maximum protection of personal and property rights, freedoms, and benefits.

Court decisions

They are considered a specific type of legal action. Judicial decisions establish the range of responsibilities and capabilities of entities. Examples may include acts:

  1. On the recognition of property rights to unauthorized construction.
  2. Compulsory execution of the contract on the terms enshrined in the decision of the court.
  3. Determining the rules for using an object that is shared property.  types of legal facts in civil law

Deeds

They represent the legitimate actions of persons with whom the law associates the occurrence of certain consequences, regardless of whether the subjects pursued the goal to achieve a specific result or not. These, for example, include treasure discovery, finding things. Such legal facts-actions in any case give rise to consequences in the form of ownership of the object. An act is also considered the creation of a work of art, scientific work, since at the time of creation copyright arises.

Violations

Certain civil law consequences arise when illegal actions are committed. Violations include:

  1. Causing damage.
  2. Failure to fulfill contractual obligations.
  3. Behavioral acts leading to unjustified enrichment. It is understood as saving or acquiring property at the expense of the funds of another entity without reason.
  4. Conclusion of contracts subsequently declared invalid.
  5. Abuse of rights.

Developments

Such legal facts are phenomena of reality that occur independently of human will and consciousness. As mentioned above, these include various kinds of natural disasters. For example, in an earthquake that caused damage to the house, the owner of the building can expect to be paid if he has insured his property. A person's death can have many consequences. Among them - the termination of the obligations that a person fulfilled during his lifetime, inheritance and so on.

Event types

Such legal facts can be relative and absolute. The appearance and development of the latter is not connected with the acts of will of individuals. These include the already mentioned natural disasters, other natural phenomena. Relative events are those that occur at the will of individuals, but develop independently of it. For example, the death of a slain is a relative event. It arose as a result of the actions of the criminal. However, death is a consequence of pathological changes in the body of the victim. In this sense, it does not depend on the will of the killer.

The timing

In their origin, they depend on the will of the legislator or entity involved in the relationship. However, the course of periods obeys the objective laws of time. In this sense, the timing is inherently close to relative events. Periods perform an independent, multifaceted and distinctive function in the process of regulating relations. In some situations, their onset or end automatically changes, breeds or terminates duties and rights. In other cases, the consequences appear in conjunction with a certain behavior of individuals. to legal facts in civil law are

Set of circumstances

The main legal facts in civil law were considered above. The legal composition, meanwhile, is regarded as yet another fundamental doctrinal category. It is a combination of several circumstances. Legal composition may be completed and incomplete. In the first case, there is a necessary set of circumstances, in the second - there is a process of their accumulation. Compositions can be complex and simple. In the latter case, all circumstances are united by one industry affiliation, in the first - different. Moreover, for the formation of complex compositions, the accumulation of circumstances is carried out in a given sequence. They may include different combinations of events and actions. For the right to receive payment, for example, in case of damage to housing due to a natural disaster, an insurance contract (legal fact) is required and, accordingly, the event in connection with which the destruction occurred. In some cases, there are consequences in the presence of constituent elements in a strict manner and at a specific time.For example, the successor, who is indicated in the will, can receive property in ownership:

  1. If there is a documented last will of the testator.
  2. Opening case.
  3. Acceptance of property.

These facts should arise in this particular sequence. In practice, of course, there are cases when consequences occur when the necessary circumstances exist, regardless of the order of their appearance. For example, the statute of limitations is suspended:

  1. When the defendant / plaintiff is in the service of the Armed Forces.
  2. Transfer of the army to martial law.

In this case, it does not matter in what order the facts arise. The main thing is that both of them take place within the last 6 months of the established statute of limitations.

Conclusion

At one time, the famous lawyer Abova spoke quite accurately about legal facts. As the author points out, the legislation contains a general rule, a norm, a model that defines relationships. In order for the established procedure to work, it is necessary to have the prerequisites provided for by it. Under them and should be understood legal facts - actual circumstances. With the presence or absence of prerequisites, the legislation connects the onset of consequences. The appearance of facts may or may not depend on the will of the subjects. The former are actions, the latter are events.


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