Legal relationship

Legal relationship is a relationship between subjects of law, that is, participants regarding an object in which rights and obligations arise.

In the overwhelming majority of legal relations, each of the participants simultaneously has rights and bears obligations. However, in some legal relations, the entitled person has only a subjective right, and the obliged person has only a subjective obligation.

Individuals are always only people; from a legal point of view, they are characterized by legal capacity.

Legal entities - commercial and non-commercial organizations are always fully legal personality, that is, they always have full legal capacity. A legal entity is understood as an organization acting in civil circulation under its own name, having property on the right of ownership or other rights, and can be a plaintiff and defendant in court.

In common law jurisdictions, three key elements to the creation of a contract are necessary: offer and acceptance, consideration and the intention to create legal relations.

Characteristics of legal relationsEdit

  1. Social relations arise only between people and their associations and are directly related to their activities and behavior.
  2. Ideological relations pass through the minds of people, where a model of future relations is formed because of existing universal values and social priorities.
  3. Legal relations act as a legal expression of economic, political, family, and other relations.
  4. Legal relations arise, cease or change based on legal norms that affect people's behavior and are implemented through it.
  5. The subjects of legal relations are interconnected by subjective rights and legal obligations. The parties in legal relations act as authorized and obligated persons, where the rights and interests of some persons can be realized through the performance of duties by others.
  6. The mutual behavior of participants in legal relations is individualized and clearly defined. The subjects of legal relations (government agencies, individuals, or legal entities), as a rule, are known in advance, their actions are coordinated before the beginning of these relations, which is not the case in other social relations.
  7. The volitional nature of legal relations is because they arise and are realized based on the will of at least one of their participants, necessarily passing through their consciousness and expressing their will.
  8. Legal relations are protected by the state.

BibliographyEdit

  • Hart, H.L.A., 1961, The Concept of Law, chapter 3, Oxford: Clarendon Press.
  • Kelly, J.M. (1992). A Short History of Western Legal Theory. Oxford University Press. ISBN 978-0-19-876244-7.
  • Weber, Max (1964). The Theory of Social and Economic Organization (Edited with Introduction by Talcott Parsons – Translated in English by A. M. Henderson). The Free Press of Glencoe. ASIN B-000-LRHAX-2. CS1 maint: discouraged parameter (link)
  • Marmor, Andrei (1934). "The Pure Theory of Law". Stanford Encyclopedia of Philosophy. Retrieved 9 February 2007. CS1 maint: discouraged parameter (link)