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L2 Law, legal relations, legal conduct..doc
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1) Subject;

2) Object;

3) Contents of legal relations.

Subjects of legal relations are participants, which have subjective rights and legal duties.

It is possible to devide them into:

1) natural and legal persons;

2) state and public organizations;

3) different communities (labour collective, nation, people etc);

4) civil society.

The subjects of legal relations must have legal personality. This is ability to have right and duties, carry out them and to be a subject of legal responsibility for offences.

Legal personality consists of the legal capacity and legal capability.

Legal capacity is ability of subject to have subjective rights and legal duties. It arises up from the moment of birth and ceases in case of death of subject.

Legal capability is ability of subjects to acquire and carry out subjective rights and legal duties by the actions of subjects of legal relations.

There are such kinds of civil capability:

  • partial legal capability of a natural person who is under 14 years old;

  • incomplete legal capability of a natural person of age from 14 to 18 years;

  • full civil capability of a natural person of age from 18 years.

Limited capability is limitation of rights and freedoms of person in decision of court as a result of abuse of alcohol or narcotic.

Absolute incompetence is set for the persons, who are incompetent in decision of court as a result of mental affection or imbecility.

Parents, guardians or trustees have juridical responsibility for children and mentally sick. They are legal representatives.

Objects of legal relations are the social things, which satisfy interests and necessities of people. They are divided into material, spiritual welfares, actions of subjects of legal relations, result of their activity.

Content of legal relations is characterized by a combination of actual and legal.

Legal content is subjective rights and legal duties of subjects of legal relations, it is possibility of certain actions of the authorized subjects and necessity of corresponding actions of the obliged subjects.

Actual content is behavior of subjects, their activity, subjective rights and legal duties of sides (parties), which are realized by them.

The legal facts are the grounds of origin, changing or stopping of legal relations.

Legal facts are the concrete vital circumstances, which were foreseen by legal rules, are reason of origin, changing or stopping of legal relations.

There are many types of legal facts.

According to the volitional criterion they can be divided into:

  • juridical events;

  • juridical acts.

Juridical events are circumstances (phenomena) the origin of which do not depend on will of person. There will be legal consequences after these events, legal relations can origin, change or stop (for example, earthquake, illness, death).

Juridical acts are circumstances the origin of which depend on will of person (for example, conclusion of treaty, offence).

Actions are divided into legitimate and illegal.

Legitimate actions are actions which do not break law. They are divided into legal acts and actions.

Illegal (wrong) acts are actions which break law. They are offences. Offences divide into misconducts and crimes.

3.

Legal conduct is the acts of individual or collective subjects, which are controlled by their consciousness and will, have a social value, are foreseen by the legal rules, have legal consequences.

Legal conduct is divided into legitimate and illegitimate (wrong).

Legitimate conduct is the acts of person, which are foreseen by law. Behavior is legitimate when it does not conflict with a legislation, is publicly useful, guaranteed and guarded by the state. It is publicly needed, desirable and possible. A subject can carry out it in forms: to use legal subjective rights, adhere to prohibitions, which are created by law, carry out duties, which are created by law.

There are a few classifications of legal behaviour. Acording to psychological attitude of subject to conduct (behavior) are:

Legal activity is voluntarily realization of legal rules, when a subject is sure of the necessity and justice, knows law well and participates in legal activity.

Ordinary legal conduct is when a subject executes law on habit without reflections and doubts.

Conformal conduct is passive (adaptation) attitude to law, when a person operates on principle "do how do other", desires not to be differ from other, who have lawful behavior, is the reason of such kind of legal behavior.

Marginal conduct is when a person does not break the law, because he or she is afraid of legal responsibility for offence. The person, who has such type of conduct is ready to the illegitimate (wrong) actions in an uncontrolled situation ("They take somthing, which lies badly").

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