/ / Subjective law

Subjective law

A legal relationship is legal, strong-willed, andalso material content. The latter (also called the actual one) includes publicly mediated rights. Volitional content is associated with the expression of the state of its will, which is embodied in various legal norms. What is the legal content? These are subjective duties, as well as the rights of the parties.

Objective and subjective law

Objective law - a set of mandatory forenforcement of norms for which violation sanctions are provided. Subjective law is nothing more than a legally possible behavior of individuals. Objective law - the norms, and subjective - the opportunities in them.

Subjective law

The basis of legal regulation is legalrights, as well as subjective duties. This regulation is exactly this and differs from any other (for example, moral). In itself, it is unique and specific.

Subjective law in legal science is oftenis understood as a measure, as well as a kind of behavior that is permissible, as well as a guaranteed person by the laws in force. Legal responsibilities are directly related to the measures of required behavior.

Subjective law is based on a securedopportunities, the basis of legal duties is the need, which is fixed legally. The empowered is the bearer of the possibility, the right-liable is the bearer of the obligation. Of course, the difference between their positions is huge.

Subjective law has a structure consisting of separate elements. Most often distinguish exactly these four components:

- the possibility of positive behavior, which is empowered (that is, he has the opportunity to perform independent actions);

- the permissibility of forcing persons who are eligible to perform certain actions;

- the opportunity to use the state. coercion if the person liable for the law refuses to comply with any legal requirements;

- the ability to use certain social benefits on the basis of law.

From the above, it can be concluded that subjective law can be a right-claim, a right-behavior, a right-use, and also a right-claim.

Any of these opportunities can go tofirst plan. Everything depends on the stage of realization of rights. In general, we note that in their totality they serve to satisfy any interests of empowered persons.

For subjective law, the measure is typicalbehavior, which is ensured not only by law, but also by duties inherent in other persons. In general, without the obligation of other persons, this right turns into the most common permissibility (everything that the law does not prohibit is permitted).

This kind of permission is enough. But do not forget that a walk through the park to the subjective law has nothing to do.

Subjective law consists of fractional parts. Each of them in this case is called eligibility. In every industry, their rights are defined in different ways. As an example, we can say that the property right consists of three powers. It is about the disposal, use, as well as the ownership of any property. In other rights, there may be more or less of them. Maybe there are a lot of them. For example, the right to freedom of speech consists of the ability of people to hold pickets, rallies, meetings, publish their works in print, appear on television, broadcast, criticize (even the current government), and so on. The powers in this case are many. It is necessary to take into account the fact that in certain cases new entitlements may appear, and in some, changes are simply unacceptable.

Similar news


Comments (0)

Add a comment