Structure of legal relations.

Topic 3. LEGAL RELATIONS

Concept, basic features and kinds of legal relations

Structure of legal relations.

Subject of the law, its concept and kinds

Legal facts, their concepts, value and classification.

Concept, features and types of offenses.

Structure of offense.

Concept, features, purposes, kinds of legal responsibility.

Concept, basic features and kinds of legal relations

The legal relations are public relations settled by legal norms, the participants of which have mutual rights and duties.

Features of legal relations:

1. The legal relations are inversion of a public relations, so they can arise only in a human society between particular subjects.

2. Legal relations arise only on the basis of legal norms.

3. There is specific legal connection in the form of a subjective right at one person and a duty of another person between participants of legal relations

4. Legal relations have strong will character, so will is necessary for its occurrence at least for one participant. People enter in legal relations with a special purpose (for example, to take part in the elections).

5. Legal relations arise concerning the real public benefit.

6. Legal relations are protected and provided by the force of a state compulsion (constraint).

Types of legal relations:

1) according to a branch feature:

a) constitutional;

b) administrative;

c) civil;

d) labour;

e) family;

f) criminal and others.

2) according to the function of the law:

a) regulative (arise from lawful acts of subjects);

b) protective (arise from wrongful acts of subjects). For example, the legal relation between the landlord and the land tenant of land arise from lawful act – conclusion of Land lease contract – and so is the regulatory. The legal relation between a person, which suspected of committing a theft, and the investigator conducting an investigation, is protective;

3) according to the character duties:

a) active;

b) passive;

In the active one the duty of a subject consist of necessity tomake certain action, in the passive – the duty is not to make any action.

Structure of legal relations.

Legal relation is a structure consisting of the following elements: subjects, object, content.

Subjects – at least two, one of them is the right character and the second one – owing character.

Object are real material or non-material public benefits, on the basis of which the subjects come into legal relations;

Content are the subjective rights and legal duties of the participants of the legal relationship.

Subjective right – is the line of possible behavior of the person, provided by the state.

Legal duty – is the line of due behavior person, provided by the state.

In the every legal relation to the subjective right of one participant corresponds with legal duties of the other participant.

Дата добавления: 2015-11-14