The subject of legal relations is ... The concept and types of subjects of legal relations
The main problem of society at all times has beencomplexity of self-regulation. In other words, people could not organize their own activities and interactions. In the process of searching for the best coordinator of public relations, various methods were tried out, ranging from violence and ending with religion. The problem was that none of the ways could work effectively. There were many reasons for this. Religion, for example, affects only deeply religious people, and violence - on the cowardly and the weak-willed. As we understand, coordination in this case was not given by all participants of these or those social groups.
However, over time, the law was invented. This public relations coordinator has proved to be the most reliable and effective. The actual influence on the society in this case is the moral norms that appear in society and they are also ratified. In the process of their interaction, people became subjects of legal relations. However, over time, society evolved. The development process did not bypass the law. The concept of legal entities significantly expanded. To date, the term is characterized not only by people.
What is legal relationship?
The legal interaction of two persons isthe main component of modern scientific theory. In fact, it is the law in the form in which it originally appeared. If we take into account the position of the classical definition, then the relationship is an interaction between several subjects of law, which arises from an object of real reality. The internal character of the category is also of great importance. Indeed, the direct implementation of legal relations entails the emergence of the powers of the parties, that is, specific rights and obligations. In addition, the presented category has its own structure.
Elements of legal relations
Many legal phenomena are endowed with their own system. Legal relationship in this case is no exception. Its structure includes three main elements, namely:
- an object is the cause of the interaction;
- the subject of legal relations is their immediate implementor or participant;
- content is a list of specific competences.
As we see, the subjects are the participants in the interaction. But the question arises whether the definition of this concept is limited only to individuals, that is, people?
Explanation of the category
To date, theorists have argued thatthe subject of legal relations is the actual participant in the interaction, endowed with opportunities and responsibilities, and also having a certain interest in the object of activity. There are many types of this category that are not limited to individuals only. It is also necessary to note the fact that the entry of subjects into legal relations is possible only under the condition that there are certain conditions that are established by law. Such conditions are legal capacity and capacity.
Legal personality of the parties to legal relations
There are two specific categories: capacity and legal capacity. In order for a subject to be able to take part in a legal relationship of any type, he should approach the two presented parameters. And this fact applies not only to people. Legal capacity also has legal capacity and legal capacity, which will be discussed later. The first criterion characterizes the person's ability to have certain rights and bear responsibilities for them. In general, this parameter is unified in all branches of law. It occurs at the time of the birth of an individual or the creation of a legal entity. The situation with ability to act is more complex, characterized as an opportunity to exercise one's powers and bear responsibility for them. Thus, the subject of legal relations is a specific side of a certain interaction, which is endowed with legal capacity and capacity.
Types of parties
The subject of legal relations is an integratedcategory, which is characterized by the presence of several species branches. Classification of the parties is based on various factors. For example, there are participants in tax, administrative, labor, as well as subjects of civil legal relations. This is a form of classification by legal branches. However, in the classical version of all subjects are divided by type. In accordance with this thesis it is:
- individuals;
- legal entities;
- society (society or people).
Characteristics of the individual
Subjects of employment relations are inIn most cases, individuals, however, in other legal sectors, this trend may have the opposite character. For example, civil law allows for equality of parties, in which both man and organization can realize their potential. As for the legal status of individuals, it, as already indicated earlier, consists of legal capacity and legal capacity. The latter characteristic can vary depending on the age of the person. For example, up to 16 years, each of us is a minor, which prohibits entering into some legal relationships. This fact completely changes in 18 years, when a person becomes, in fact, an adult in the legal field of the state.
Legal entities
In the theory of law, an important role is played by organizationsas one of the parties to legal relations. Legal entities can be found in various legal branches. Most often, organizations are recognized as subjects of civil legal relationships.
As for the specifics of organizations, theirenough. For example, the legal personality of legal entities has a special character. In other words, the scope of their powers is determined by the sphere of activity or competence. At the same time, organizations can be both public and private, which in many respects causes their legal status and opportunities. In some cases, only the official body can be a participant in the interaction, an example is the subject of an administrative legal relationship. This interaction, as a rule, is carried out with the obligatory presence of an authoritative, managerial organization. There are other examples of the participation of legal entities in activities that are envisaged by a specific branch of law. For example, the subject of a financial relationship is both organizations and citizens of the Russian Federation, depending on the type of interaction and the object on which it arises.
The legal status of society
There is a theory that people areparticipant in civil legal relations. This statement is rooted in the wrong. Only legal and physical subjects are participants of civil legal relations, and the society is the aggregate of citizens of a certain state.
Conclusion
So, we found out that each oneparticipant of civil, administrative, constitutional, labor and subject of tax legal relations are legal and physical persons who have their own rights, duties and certain kind of interests in relation to the object of interaction.
