1.46M
Категория: ПравоПраво

Legal facts in civil law

1.

Legal facts in civil law
MADE BY ANASTASIA PEREPECHAY

2.

1.In legal science a well-known fact is that legal facts
are recognized by specific life circumstances, which by
law connects occurrence, change or termination of
legal relations, as legal facts and rules of law are a
necessary prerequisite for the emergence of
relationship as such. The concept of legal personality
is closely related to legal facts.
2. The purpose of this work is to analyze theoretical and legal
provisions that directly affect the legal nature of legal facts.
To achieve this, the following tasks were completed:
– give the concept and reveal the legal nature of legal facts;
- consider the functions of legal facts;
However, despite such importance in the field of
science and law, the issue of legal facts as a scientific
category does not have a comprehensive
understanding for legal science and practice today.
– to explore the legal nature of the legal facts;
– to consider the legal facts-events and facts of the action.
The object of this work is social relations that arose as a result of the
fact of specific life circumstances that led to the emergence, change
or termination of legal relations as such.
The subject of this work is the types of legal facts and their features

3.

In the Russian legal literature, legal facts are defined
as life circumstances that are provided for by legal
norms that can lead to the establishment,
modification and termination of legal relations.Let us
consider features of legal facts.
In General, legal facts are called so, since
they are provided for in the rules of law:
1. Legal facts are exclusively real phenomena of
reality, they have an individuality and specificity.
The functions of legal facts can be
understood as a generalized
characteristic of their role in legal
regulation, since regulation is a complex,
multi-faceted system, which causes a
variety of functions performed by legal
facts.
2. Legal facts – circumstances directly or indirectly
related to the rights and interests of society,
individuals, and the state and in this regard need legal
regulation.
3. Legal facts are objective.
4. Legal facts can cause consequences provided for by
law.
- right in the hypothesis;
- indirectly-in sanctions and dispositions.

4.

There are three groups of functions:
– basic;
Events are circumstances that objectively do not depend on the will and
consciousness of people (natural disasters). They can be unique and periodic,
instantaneous and continuous, absolute (completely independent of the will of
people) and relative (caused by the activity of people, but in this legal
relationship independent of the causes that gave rise to them).
Actions are facts that depend on the will of people, because they are
committed by them. Actions are divided into lawful (corresponding to
regulations) and illegal (violating legal regulations).

additional;
– special
Some scientists, along with events and actions, distinguish legal States (state of
kinship, state of disability, state of marriage, etc.).
Legitimate, in turn, are divided into legal acts (facts that are specifically aimed
at achieving legal consequences – a court verdict) and legal acts (facts that are
not specifically aimed at achieving legal consequences, but nevertheless cause
them – the artist painted a picture)

5.

The wrongful acts are divided into crimes and misdemeanors. The latter are divided into administrative, civil,
material, disciplinary, procedural, and so on.;
Illegal actions (offenses) are divided into misdemeanors and crimes. Legitimate - for legal acts and actions.
Legal acts are actions aimed at achieving a certain legal result. These can be transactions, statements, votes, and so
on.
Legal acts are actions of persons, with the Commission of which the law connects the onset of legal consequences,
regardless of the will, desire and intentions of these persons. Typical examples are the creation of a work of art, the
finding of a thing, or a treasure.
According to the duration of the action, short-term (fine) and continuing legal facts can be distinguished.
Continuing facts have received the name of legal States (state of kinship, citizenship, etc.).
According to the quantitative composition, simple and complex legal facts are distinguished.
Thus, in science there are a number of approaches to understanding the nature and essence of legal facts. Within
the framework of our research, we will understand them as specific life circumstances, according to which there is
an occurrence, change or termination of legal relations. Also, legally, facts have their own characteristics( signs):
exclusively real phenomena of reality, have an identity and specificity, directly or indirectly related to the rights and
interests of society, individuals, and the state, and in this regard need legal regulation, are objective, and can cause
consequences provided for by law. An important component of the study of legal facts is the study of functions,
since they determine the essence of this phenomenon. The main function of legal facts in the framework of legal
regulation is to ensure the emergence, change, and termination of legal relations, since the following types of
consequences can be caused by a legal fact: legal formation, legal change, and legal succession.

6.

An important component of the study of legal
facts is the study of functions, since they
determine the essence of this phenomenon. The
main function of legal facts in the framework of
legal regulation is to ensure the emergence,
change, and termination of legal relations, since
the following types of consequences can be
caused by a legal fact: legal formation, legal
change, and legal succession.
The legal essence of legal facts is manifested
in the fact that they are prerequisites for legal
relations by fixing them in the hypothesis,
disposition, and sanctions of legal norms.
The signs that form the legal entity are: the
presence of a specific life circumstance, a legal
circumstance provided for by the norm,
contains information about the features of
certain types of legal relations, and the
presence of legal consequences

7.

There are many approaches to
classifying legal facts, among which
the following criteria can be singled
out: volitional character, legality (or
illegality) of actions, independence of
legal consequences.
THANKS FOR WATCHING.
Legal facts-actions are those facts
in which the will of legal entities
and individuals (subjects) is
manifested. In turn, legal factsevents - are phenomena that occur
outside the will of the subjects.
English     Русский Правила