On the concept and nature of legal facts

Бесплатный доступ

The article is devoted to the definition of “legal fact” and the definition of its legal nature. Analyzing the legal literature and the position given in them, the authors note that the legal facts are the facts of reality, with which the regulations relate the onset of legal consequences, first of all, various legal relations. The article considers the legal nature of legal facts. And the analysis of the scientific doctrine given in the article, makes it possible to identify the existence of two groups of legal facts: a) legal actions (actions), participant relations, which is the reason for the entry of the subject in legal relationship; b) the legally relevant events that cause the entry of the subject in relationship. In the article the authors differentiate legal facts from the point of view of their assessment as events or actions. The criterion of such division is the dependence of the legal fact on the will of the subject of legal relations. The author singles out an event of an absolute nature, referred to in most scientific works as a circumstance of irresistible force, which by its nature does not depend on the will of any person. Also, the article deals with events that have a relative nature, that is, when on the one hand it is possible to detect such a criterion as the dependence of a legal fact on the will of a person, but at the same time this dependence has an abstract character, since there is not always a clear understanding of what specific subject is meant. The article analyzes the legal facts as a legal category. The authors noted that with the differentiation of legal facts in terms of assessing them as events and actions, the main factor here is the will of the person, the subject of legal relations.

Еще

Facts, legal facts, analysis of legal facts, legal category, acts, events, force majeure, will of the subject, criteria of legal facts, differentiation, legal relations, scientific doctrine, classification of legal facts, actions, will of the subject of legal relations

Еще

Короткий адрес: https://sciup.org/14120311

IDR: 14120311

Статья научная