The concept and types of legal facts. Classification of legal facts
Relations in the field of law are not present in codes and laws, but in a specifically taken society. They arise as a result of the influence of the surrounding people and the environment, as well as various phenomena.
Change or termination of legal relations does not occur by itself, but as a result of the actions of a person and other events. Such diverse social life phenomena are fixed at the legislative level in the regulations in order to respond appropriately in a particular situation. The article will consider the concept and types of legal facts.
Legal facts refer to a specific circumstance of life, which, according to legal norms, causes certain legal consequences.
The features of a legal fact are:
1. A definite circumstance of life that is expressed outwardly and a concrete period of time existing in reality.
2The circumstance stated in the legal norms defining its properties from a legal point of view.
3. The fact that contains information about the specific state of the type of relationship in society. For example, the presence of property or offenses.
4. The presence of circumstances that lead to certain legal consequences.
The concept and types of legal facts
Legal facts are specific conditions for the implementation of legal relations. The model of these facts is fixed in the theory of norms of legal law. They have an important role in the legal system, as they combine real social relations with legal norms. It is necessary to take into account that the relationship between the facts in jurisprudence, which are part of the theory of the norm, as well as the duties and rights enshrined in its disposition, does not belong to the category of cause-and-effect, as it is determined by the body that creates the law. The concept and types of legal facts interest many.
Move to action
Before they come into contact with real life circumstances, they influence and preliminarily organize behavioral models of people, thus causing the transition of abstract actions of a concrete subject into concrete ones.The combination of certain legal facts can in some way implement individual, sub-normative regulation. Their presence activates the disposition and sanctions of the norms of jurisdiction.
How is the establishment of a legal fact? About this - below.
Rights and obligations
Certain legal facts, coupled with the rules of law, determine the content of the obligations and rights of participants in legal relations. It must be remembered that to start or terminate legal relations, their combination is necessary, which is called the composition of legal facts. For example, in order to start a pension legal relationship, it is necessary not only to enter a certain age, but also to earn experience, and also to receive permission from the social security authorities to receive monthly payments.
Various legal facts are classified according to certain criteria. Thus, it is possible to subdivide them as follows.
By the nature of the consequences
There are law-changing, law-forming, complex or universal and law-breaking facts. The complex legal facts include a court sentence, entering a university, entering into legal marriage, etc.That is, they form, change and terminate legal relations at the same time. Legal facts provoke the beginning of legal relations, for example, when applying for a job. Law-ending, as the name implies, completes the legal relationship, for example, after graduation. Right-changing facts make certain changes in the relationship, for example when exchanging an apartment. The classification of legal facts does not end there.
By volition they are divided into actions and events
The latter are defined as circumstances objectively independent of human consciousness and will, for example, natural disasters. Events are divided into periodic and unique, long-term and instantaneous, relative, that is, provoked by human activity, but independent of the reasons that gave rise to them, and absolute. The recognition of a legal fact occurs through the court. Actions are defined as facts that, in contrast to events, are completely tied to the will of the people, as they are committed by man.
What are the actions?
Actions can be:
- Legitimate, that is, the relevant standards and regulations.
- Wrongful, that is, contrary to the requirements of law.
Some also highlight legal states, such as kinship, disability, being married, etc.
Lawful facts can be divided into the following categories:
- Legal acts. These are the facts, the purpose of which is to achieve legal consequences, such as a court sentence.
- Legal acts. These are facts that are not aimed at obtaining legal consequences, but still cause them. We give examples of legal facts. Situations when the artist painted a picture, a treasure or a valuable thing, etc. was found - these will be actions. The legal consequences are realized regardless of the desires, will and intentions of the persons who committed a particular legal act.
Wrongful actions can be divided into misdemeanors and crimes. A deed may be material, civil, administrative, procedural, disciplinary, etc.
There is a classification of legal facts by duration of action. Short-term ones are distinguished, for example, upon receipt of a fine, and longevity, who are also referred to as legal status. This may be the presence of citizenship, kinship, marriage, etc.
This category highlights complex and simple legal facts. Sometimes, in order to obtain legal legal consequences, it is necessary to have legal facts in the aggregate. This combination, as mentioned above, is called a legal or factual composition. Cases of establishing facts of legal significance are very common.
The composition, in turn, is divided into the following types:
- Completed. The presence of the necessary combination of legal facts.
- Unfinished. The accumulation of necessary facts is not over yet.
- Simple. According to them, all legal facts are in the same legal sphere.
Facts belong to different industries, and their accumulation occurs in a specific sequence.
By value, positive and negative legal facts are distinguished.
Positives include the circumstances of life that provoke, change, or end a relationship. Examples of legal facts will help to understand. It may be coming of age. Negative facts are such circumstances, the absence of which in a person's life determines the beginning, change or end of legal relations.For example, the absence of close relations or official marriage in the design of marriage bonds.
Quite often, the value of such a category of law as legal facts remains underestimated and misunderstood. However, this is a very important section of jurisprudence, which provides an opportunity to analyze the prerequisites for the commencement and completion of legal relations and the changes taking place in them. They help to assess the relevance of the commitments made, as well as the validity of their execution at the legislative level. They allow in practice to study legal relationships and monitor the process of their implementation.
We considered the concept and types of legal facts.
Establishing a legal fact
Establishing facts with legal value is one of the most common categories of cases. Applications can be filed in the court and citizens, and organizations. The procedure for reviewing and making decisions has its own specifics.
The Code of Civil Procedure is the main regulatory document. It presents a description of the list of facts that are confirmed by this procedure; the conditions under which the application is accepted by the court; rules of jurisdiction (where exactly to apply); sample application requirements; the status of the decision, which was taken by the court.
1.The court establishes the facts that affect the emergence, change, termination of personal or property rights of citizens, organizations.
2. The court considers cases in which it is established:
- family relationships;
- dependent stay;
- facts of registration of birth, marriage, adoption (s), divorce, death;
- paternity recognition;
- facts of ownership of documents (exception - military documents, passport and certificates issued by the registry office);
- facts of ownership of real estate;
- accident facts;
- the facts of death in case of the failure of the registry office to register death
- other legal facts.