The concept and types of legal facts. Legal facts in civil law
As we know, the right to date isthe main regulator of public relations throughout the world. His formation took place throughout the history of mankind. Therefore, today, law is a holistic, multifaceted and universal mechanism for the coordination of society, which once ousted religion and violence.
The legal sphere regulates the relationshipbetween people. They have their own name - legal relationship. This category is the key in the entire legal industry, because it is based on the differentiation of law. At the same time, the legal relationship itself is a structural phenomenon. Their system includes certain objects and subjects. However, the time when legal relations arise is also of great interest. He is associated with certain facts that are of a legal nature. The presented category has been repeatedly studied in the theory of law. Therefore, on the basis of existing research, we will try to identify the concept and types of legal facts, as well as their characteristic features.
Place of category in modern jurisprudence
Norms of law and morality, features of the structurepower, legal relations are all the foundations of the state and law. That is, these factors build the current system of regulation of society. The key basis of law in this case are legal relations, because it is they who are subject to certain legal norms. In the process of studying this category, scientists found that interaction between people does not arise just like that. This process is preceded by the action of some fact of reality, which is of great importance. Thus, it was revealed that legal relations arise from certain legal facts. This discovery has become a true innovation in jurisprudence. Therefore, legal facts as a separate category entered the key foundations of the state and law. To understand the features of the presented phenomenon, it is necessary to examine in detail its signs, species and, of course, their special functions.
The concept of legal facts
In the scientific environment, there are many differentviews on the problems of the category mentioned earlier. In other words, every lawyer in his own way represents the essence of a legal fact. Such a variety of doctrinal judgments is caused by the absence of legislative enforceability of the concept. Therefore, it is rather difficult to single out a general judgment about a legal fact. Nevertheless, in science there is a classic view of the problem. According to him, the legal facts are life circumstances that affect the appearance, termination or change of legal relations. In addition, such moments of reality bear certain legal consequences. In a simpler language, the legal fact is the starting point of the law. With the onset of a certain fact, the legal industry begins to act fully.
Key features of the category
The concept and types of legal facts are,certainly, important components of the whole phenomenon. However, signs of significant circumstances of reality also have great significance. There are several main points by which legal facts are characterized.
- The presented category is a real circumstance of a person's vital activity that exists for a certain period of time.
- Facts that have legal significance are provided for by dispositions of the legal norms of the current legislation. That is, the category is expressed in the provisions of normative acts.
- A legal fact contains meaningful information about the kind of regulated relationship. Circumstance shows its type, number of subjects and legitimacy.
- The emergence of a legal fact in all cases leads to certain legal consequences.
The presented features distinguish the institute from a large number of other similar categories. The concept and types of legal facts make it possible to study it from all possible angles.
It should be noted that the legal factsexist in every legal field. In other words, depending on the specific industry, the circumstances of reality will generate completely different in nature and type of legal relationship. Take, for example, legal facts in civil law. As a rule, the appearance of hereditary, obligatory, insurance and other types of legal relations is associated with them. At the same time, as we understand, the legal facts in civil law are not unique in their essence. The category has found its application in other industries. Such institutions of criminal law as liability, punishment, exemption from liability exist only in the presence of circumstances provided by the current legislation.
The importance of legal facts in a particular industrydepends largely on their species. At the same time, it is possible to classify all the circumstances of real life activity on the basis of a large number of different moments. Today, the legal facts are divided on the basis of:
- the nature of the legal consequences;
- volitional characteristic;
- quantitative composition of the legal fact.
Of course, it is possible to distinguish other classificationgroup. After all, the idea of the types of legal facts comes directly from scientific research. However, the list of groups is generally accepted.
Types of legal facts identified on the basis of legal consequences
In the scientific literature significant legalcircumstances are usually divided into law-forming, law-abiding and law-changing. Each of them influences the surrounding reality in its own way, which is manifested in certain legal consequences. Law-forming facts give rise to legal relations between people. An excellent example is the person's recruitment to work, the registration of a legal entity, etc. A completely opposite category is the right-breaking facts.
As we pointed out earlier, there is a third kind inpresented to a group of significant moments of reality. These are the right-changing factors. For a long time their existence was not recognized in the scientific community. However, it is impossible to completely deny this category, since it does exist. An example is the legal relationship on the exchange of housing.
Types of legal factors according to will-power
The second classification group includeslegal moments, like events and actions. They are divided among themselves, depending on the degree of participation of the parties in their appearance. For example, an event is a legal fact that does not objectively depend on the consciousness and will of a person. These include natural disasters, technogenic catastrophes, and so on.
With regard to actions, they arevolitional factors emanating from a person in the process of his activity. Such legal facts can correspond to the established legal norms or go beyond them. This moment, in turn, allows us to distinguish subtypes of the category, namely: lawful actions and wrongful ones. In this case, the emergence of legal facts will be associated with a different in nature the activities of each person individually. Thus, lawful actions are generally accepted, permissible and aimed at achieving a positive, socially significant result. Their implementation is not prohibited, nor is it condemned. As for illegal actions, they are divided according to the degree of public danger. Misdemeanors in this case are small offenses.
The difference in legal facts in terms of quantity
It should be noted that not alllegal relations arise from one significant life circumstance. Therefore, it is customary to divide the legal facts in terms of quantity. According to this classification, there are simple and complex life circumstances.
The first kind of legal facts independentlygives rise to legal relations. Complex facts, in turn, arise in a certain system, without which a social interaction of a certain type will not exist. An excellent example is the pension relationship, which exists only if the person has full civil capacity, work experience and, of course, the decision of a certain body of the Russian Federation. In this case, the establishment of a legal fact takes place taking into account its systemic branches.
Functions of significant legal factors
Any scientific category exists for something. In other words, legal facts have their own directions of action or functions, as they are commonly called. They show the importance and role in the mechanism of legal regulation of society. Thus, the following functions of legal facts are distinguished for today, namely:
- ensuring the change, appearance and termination of relations;
- guarantee of legality;
- preliminary impact on the legal relationship, etc.
It is worth noting that the functions help to producethe establishment of facts of legal significance. As a rule, the detection of such circumstances is carried out on the basis of dispositions of specific rules of law. But, if the legislation does not regulate any legal relations, the establishment of facts of legal significance takes place on the basis of those areas of their activities that were presented above. In other words, the fact of the relationship between the subjects will be significant.
So, we tried to find out the concept and typeslegal facts. In conclusion, it should be noted that some points of this category still require certain changes. After all, the entire mechanism of legal regulation in our state will depend on the quality of its scientific regulations.