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Events and actions in civil law. Legal action. Legal fact. Legal events. Lawful actions. Legal action. Legal act. Legal facts - events

The basis for the emergence, change and termination of legal relations are legal facts - indications that are contained in the hypotheses of legal regulations.

The need to determine a legal fact is that legal regulation based on a fairly large number of different factual circumstances, with the presence or absence of which the occurrence of certain legal consequences is associated.

A legal fact is a specific life circumstance with which a legal norm connects the emergence, change or termination of legal relations, the occurrence of certain legal implications.

Role legal facts in law is not limited only to the fact that they serve as the basis, change or termination of legal relations. The birth of a person, reaching the age of majority, death are also legal facts that entail the emergence or termination of legal capacity and capacity.

Signs of a legal fact:

1. A legal fact is a life circumstance, outwardly expressed(thoughts and feelings are not recognized as legal facts).

2. A legal fact is a circumstance that is expressed in stock or absence certain phenomena.

3. These are the circumstances that foreseen normal is my right.

4. Legal facts must be fixed, i.e. duly issued (confirmed).

5. Legal facts cause legal consequences.

Legal facts perform several important functions in the legal regulation mechanism. TO the main functions of legal facts relate:

1) legal- the facts cause the onset of legal consequences;

2) law-changing- change in legal circumstances (for example, the fact of transferring the rights to use the invention to a third party);

3) terminating- the circumstance of expiration of the validity period (for example, a patent);

4) legal restorative- the possibility of restoration of the right (for example, the right to a patent).

Legal facts are classified on the following grounds:

I. By the nature of the upcoming consequences they are divided into law-forming, law-changing and law-changing.

1. Law-forming facts cause the emergence of rights and obligations (admission to a university, conscription, etc.).

2. Law-changing facts entail a change in rights and responsibilities (transfer from full-time to part-time education, promotion in military rank, position, etc.).

3. Terminating facts terminate the rights and obligations (expulsion from the University, dismissal from military service etc.).

II. In connection with the will of the participants in legal relations - on events, actions and legally significant states.


1. Developments- these are circumstances that do not depend on the will of the subject, but give rise to certain legal consequences. These include natural disasters, birth, death, expiration of the statute of limitations, etc.

Among legal events, there are absolute and relative developments,

Absolute events- these are circumstances that are not caused by the will of people and do not act in any way depending on it (flood, earthquake). Absolute events generate only one row legal consequences.

Relative events- circumstances caused by the activities of people, but acting in these legal relations, regardless of the causes that gave rise to them (fire of the entire farm due to the setting of one barn on fire). Relative events can generate two rows consequences. In the latter case, legal norms can associate legal consequences not only with the events as such, but also with the cause that gave rise to them, in particular with offenses.

Sometimes the legal consequences of one series affect the consequences of a number of another. For example, a person found guilty of the murder of the testator (first row of consequences caused by a misconduct) is excluded from the number of heirs (second row of consequences caused by an event).

2. Legally significant states- these are facts that are more due to physiological processes than the will of the subject. Such facts are pregnancy, illness, disability, marriage, education, etc.

3. Actions- these are legal facts, the occurrence of which depends on the will and consciousness of the participants in legal relations and with which the law connects certain legal consequences.

Actions, in turn, are divided into lawful, illegal (offenses) and publicly dangerous acts .

Illegal actions (offenses)- these are such legal facts that do not correspond (contradict) the prescriptions of the rules of law. TO illegal actions relate crimes(criminal offenses) and misdemeanor(administrative, disciplinary and civil violations).

Socially dangerous acts are actions who cause harm, but do not have a consciously volitional nature, by virtue of which they are not considered offenses. Such are the actions of deranged persons and minors.

Lawful actions- these are legal facts that entail the emergence of streets legal rights and obligations stipulated by the rules of law (for example, a transaction). Lawful actions are divided into legal acts, legal acts.

Legal deeds- these are actions that are committed without the intention to cause legal consequences, but the rights and obligations arise by virtue of the law. Among legal acts, the law includes the discovery of a treasure, the finding of things, the creation of a work.

Legal acts are such legitimate actions that are specially performed by subjects with the aim of their entry into certain legal relationship... For example, a sale and purchase agreement, an investigator's decision to initiate a criminal case, a decision of an authority social security about the appointment of a pension, etc. In the first case, property relations arise, in the second - criminal law, in the third - pension.

Legal acts, in turn, are subdivided into administrative acts and transactions.

Administrative acts are actions state bodies aimed at the emergence, change or termination of legal relations, the participants of which are certain persons. Administrative acts are and the documents, in which decisions of judicial, administrative and other jurisdictional bodies are fixed. For example, issuance (act-action) of an arrest warrant (document).

Transactions are lawful actions aimed at the emergence, change or termination of rights and obligations, Transactions are unilateral (entail legal consequences regardless of the will of other persons) and bilateral (require an agreement between two persons).

III. By the nature of the impact distinguish positive and negative legal facts.

1. Positive facts- these are the circumstances that contribute to the emergence of legal relations. For example, marriage requires the attainment of marriageable age, consent and voluntariness.

2. Negative facts- these are the circumstances that prevent the emergence of legal relations. Such facts during marriage are incapacity, close relationship, being in another marriage.

In a number of cases, for the emergence of legal relations, their change or termination, it is not a separate fact that matters, but their well-known totality, called in science the actual composition. The correct establishment of the actual composition is of great practical importance.

Actual composition can be defined by law specifically, indicating all of its elements. So, in order to receive an old-age pension, the actual composition is formed by three legal facts: the onset of retirement age, the presence of a certain length of service and the decision to grant a pension. All these conditions are specifically defined by law. If one of these facts is absent, then the citizen cannot receive the full old-age pension.

Legal relationships do not arise by themselves. For them to appear, the existence of a legal norm is not enough, since the rule of law itself is "dead" and in this sense is only a text set out on paper.

In order for the norm to start working, a "pathogen" is needed. This is a legal fact.

Legal facts are specific life circumstances with which the emergence, change and termination of legal relations are associated.

Classification of legal facts:

By will, legal facts are divided into:

Events - circumstances, natural phenomena, the occurrence of which does not depend on the will of a person (death, natural phenomena);

Actions are circumstances that are the result of a person's will. Under actions in legal science not only active, positive actions are understood, but also inaction of people in cases where the rule of law obliges them to take active actions.

In turn, actions are subdivided into:

Lawful actions - are performed in accordance with the requirements of legal norms;

Unlawful actions - violate the requirements of legal norms, harm the society and the state.

Legitimate, in turn, are subdivided into:

Legal acts - actions performed with the intent to generate legal consequences - transactions, court decisions;

Legal actions - actions leading to legal consequences, regardless of the intentions of the person who commits them - the creation of a work of art.

By revising certain types legal facts are distinguished and a softer classification.

Events are classified:

2. By origin:

Natural (spontaneous) - absolute;

Those dependent in their origin on a person (arson, fire, insurance relations) are relative.

3. By duration:

Instant (incidents);

Lasting (processes).

4. By repeatability:

Unique;

Periodic.

5. By the nature of the consequences:

Reversible;

Irreversible.

Lawful actions:

2. By subject:

Actions of state bodies;

Citizens;

Organizations.

3. By the method of fixation:

Documented;

Undocumented.

4. By industry:

Material and legal;

Procedural - legal.

Illegal actions:

2. According to the degree of public danger:

Crimes;

Offenses;

Misconduct.

3. By branches of law:

Criminal;

Administrative;

Civil law.

4. Based on the motive:

Selfish;

Hooligan.

5. By the form of guilt:

Deliberate;

Careless.

6. By subject:

Individual;

Group;

Committed by an organizational group or a criminal community.

7. By age criterion:

Crimes committed by minors;

Committed by persons over 18 years of age.

For additional reasons, all legal facts can be:

Forming law (admission to a university);

The right to change (transfer from full-time to part-time);

The right to terminate (graduation from the university).

Question number 74. Concept, signs, types of actual compositions.

Often, for the occurrence of legal consequences presented by a legal norm, not one legal fact is required, but their combination, which is called the legal (factual) composition.

Factual composition is a system of legal facts giving rise to legal consequences. For example: in order to receive an old-age pension, such facts as reaching the retirement age, having the required length of service, the decision to appoint a person to the position of a judge of the Russian Federation, citizenship, reaching the age of 25, legal education, length of service in the legal profession, absence of factors are required, interfering with the appointment, the decision of a qualified collegium, the decree of the President on the appointment of a judge.

The emergence, change or termination of legal relations may be due to one legal fact or a set of legal facts, which is called actual composition.

Actual compositions can include both actions and events. So, for the emergence of the right to insurance compensation, in addition to such an event as an earthquake that destroyed a house, it is necessary to have an action, namely, such as an insurance contract concluded by the insured - the owner of the house with the insurer.

In some cases, the actual compositions give rise to legal consequences, provided that their constituent legal facts arise in a strictly defined order and their presence taken together in the right time... For example, the heir indicated in the will may become the owner of the inherited property in the presence of the following legal facts, unfolding in strict sequence: drawing up of the will by the testator; opening of inheritance; acceptance of the inheritance by the heir. In the theory of law, such actual compositions are called complex .

In other cases, the factual compositions give rise to legal consequences only if all the necessary legal facts are taken together, regardless of the sequence in which they arose. So, the suspension of the term limitation period occurs in the presence of the following facts: the presence of the plaintiff or the defendant in the Armed Forces; transfer of these Armed Forces to martial law. It is only important that these two facts are present and have arisen within the last six months of the limitation period. The actual compositions of the specified type are named in the theory of law simple .

A legal fact is specific life circumstances with which the rules of law associate the emergence, change or termination of legal relations. Signs legal facts: 1) specificity and personality. A legal fact is a unique (unrepeatable) phenomenon of reality that exists at a certain point in space, at a certain moment in time, and, as a rule, associated with specific subjects (for example, the fact of registration of marriage); 2) social content. Events and actions that have no meaning or connection with social reality do not have and legal meanings (for example, these are natural phenomena - dawn, melting snow); 3) objectified expression. Thoughts, feelings, desires of a person are not legal facts; 4) direct or indirect connection with the law. Legal facts are usually accurate or in general view reflected in the hypotheses of legal norms; 5) causation with legal consequences. This is the meaning legal fact. A legal fact causes, changes, terminates legal relations, subjective rights and legal responsibilities. For example, the registration of marriage gives rise to legal relations between spouses, their rights and obligations in relation to each other. By will legal facts are divided into events and actions. Developments - legal facts that do not depend on the will of a person. These include the actions of the forces of nature, the birth and death of a person, the expiration of terms. Events are divided into absolute and relative. Absolute events have nothing to do with human behavior (an earthquake that

the house is destroyed), and the relative ones are still associated with the behavior of people. Actions - legal facts that depend on the will of a person. Legal facts-actions - the most significant type for the existence of law legal facts. Actually, for the sake of them, all legal regulation is carried out. Facts-states are recognized as a special type of actions - lasting actions (for example, a state of marriage, a state of citizenship). Actions, in turn, are divided into lawful and illegal. Lawful actions are divided into two groups: legal acts and legal actions. Legal acts are the lawful actions of a capable person with the goal of achieving some legal result(contract, will, judgment). Legal actions are actions that lead to legal consequences, regardless of the will of the person who committed them (finding a treasure, creating a literary or artistic work, scientific discovery). Such actions are recognized legally significant even when committed by an incapacitated person. Illegal actions (offenses) are divided into the following groups: 1) according to the degree of public danger - into misconduct and crime. Any offense harms the individual, society, the state, and other subjects of law. But crimes have a social danger, i.e. cause or pose a threat to cause great harm; 2) for the object - encroachment on a person, property, public safety, public order, etc .; 3) by type legal responsibility - criminal, administrative, civil, disciplinary, constitutional, international legal; 4) by the form of guilt - deliberate and careless. Other classifications legal facts: 1) by to the subject - the actions of individuals, legal persons, state bodies, bodies local government etc.; 2) by industry - constitutional, civil, procedural, labor, etc .; 3) by the way of expression - a document, oral statement, silence, gesture; 4) by nature legal consequences - law-forming, law-changing, law-terminating. The aggregate legal facts, necessary for the onset of legal consequences provided for by the rule of law is called actual (legal) composition. The actual compositions are divided into simple and complex. Simple actual compositions include facts reflected in legal regulations industry (for example, all the facts needed to get married are related to family law). Complex actual compositions include facts reflected in the legal norms of different industry sectors (for example, to issue a search order, facts related to criminal and criminal procedural legislation are necessary). The actual compositions should be distinguished from formations of a different nature - complex legal facts. Their main difference is that actual composition Is a system legal facts, but complicated legal fact - a system of signs of one fact (for example, composition offenses).

Civil legal relations arise, change and terminate on the basis of life circumstances, which are called in theory legal facts. Legal facts include only those life circumstances that are recognized

    1. law-making,
    2. law-changing or
    3. terminating.

Legal Facts - facts of reality with which applicable laws and other legal acts link the emergence, change or termination of civil rights and obligations, i.e. legal relations.

The main signs of legal facts:

    1. expressed in a certain way outside (objectified, those thoughts, feelings and events of spiritual life are not recognized as legal facts);
    2. legal facts characterize the presence or absence of certain phenomena of the material world (for example, the presence of an offense, lack of relationship, etc.);
    3. carry information about the state public relations(since facts can only be such circumstances that directly or indirectly affect the interests of society and the state);
    4. are concretized at the level of law enforcement, i.e. provided for by the rule of law;
    5. are fixed in the procedural and procedural form established by the legislation, i.e. duly executed and certified in the form of a document, etc.;
    6. cause legal consequences stipulated by the law.

The legal facts are varied and classified for various reasons.

Types of legal facts

1) on the basis of dependence on the will of the subjects:

    1. actions - circumstances that depend on people, are performed by them:
      • legitimate;
      • illegal.
    2. events - circumstances that objectively do not depend on the will and consciousness of people (for example, natural disasters).

2) by the nature of the consequences:

    • law-making- cause the emergence of legal relations (for example, hiring);
    • those who change the law- change legal relations (for example, exchange of living space);
    • terminating- terminate legal relations (for example, graduation from a university);
    • complex (universal, for example, a court sentence or marriage).

3) by duration of action:

    1. short-term(for example, a fine);
    2. lasting (or legal states) (for example, the state of kinship, marriage, etc.).

4) by quantitative composition:

    • simple;
    • complex (legal structures) (for example, for the emergence of a pension legal relationship, a combination of the following legal facts is required: reaching a certain age; length of service; decision of the competent authority on the appointment of a pension).

5) by value:

    • positive - life circumstances, the presence of which causes, changes or terminates legal relations (for example, reaching a certain age);
    • negative - life circumstances, the absence of which is a condition for the emergence, change or termination of legal relations (for example, the absence of close relationship and registered marriage is a prerequisite for marriage).

Legal facts-actions

The will of the subjects - individuals and legal entities - is manifested in actions.

Types of legal facts - actions:

1) On the basis of permissibility by law:

    1. lawful - meeting the requirements of laws, other legal acts and :
      • legal acts:
      • legal acts.
    2. illegal (offenses) are actions that violate the prescriptions of laws, other legal acts, terms of contracts or principles of law.

2) By subject:

    1. civil law;
    2. administrative and legal;
    3. court decisions.

Legal acts

Legal acts - lawful actions of subjects aimed at the emergence, change or termination civil relations.

Types of legal acts:

1) civil law;

Civil legal acts:

    1. transactions (other legally significant actions of subjects);
    2. corporate acts.

The main type of civil legal acts are transactions - volitional actions of a legal entity or individual aimed at achieving a certain legal result. So, making a sale and purchase transaction, the subject seeks to acquire ownership of money or thing.

In addition to transactions, civil legal acts include other legally significant actions of subjects that do not have signs of transactions. So, if the tenant does not pay the rent more than two times in a row after the expiration of the payment term established by the contract, then the lessor has the right to demand early termination of the contract only after sending the tenant a written warning about the need to fulfill his obligation within a reasonable time (Article 619 of the Civil Code). By issuing such a warning, the landlord may be motivated by a desire to keep the contract, rather than a desire to terminate it. However, if, after receiving the warning, the tenant continues to violate the obligation to pay lease payments, then the lessor has the opportunity to demand termination of the contract regardless of his original subjective aspiration.

A special place among civil legal acts is occupied by corporate acts... These primarily include decisions of the general meeting of participants in business companies and partnerships and other corporate entities that have the status of a legal entity. Solutions general meetings of corporate entities, adopted in the proper manner, are obligatory for all members of the corporation and its executive bodies... But, despite this, they cannot be attributed to public administrative legal acts, since they are the result of the expression of the will of private individuals - members of the corporation, who, joining it, voluntarily assumed the burden of obeying the will of the majority.

2) administrative and legal;

Administrative legal acts- these are acts of state bodies and local self-government bodies provided for by law and other legal acts.

Civil legal relations can arise, change or terminate on the basis of administrative acts. These include acts of state bodies and local self-government bodies provided for by law and other legal acts as the basis for the emergence of civil legal relations. Such acts are by their nature non-normative and are directly aimed at the emergence of civil rights and obligations for a specific subject - the addressee of the act.

In conditions market economy when the degree of direct state intervention in economic processes is significantly reduced, administrative acts acquire the character of means of public control over civil circulation and means of protecting public interests. So, one of the main means of streamlining market relations is the licensing of certain types of entrepreneurial activity.

The means of protecting the interests of society are acts of state authorities or local self-government bodies on the seizure of land plots not used in accordance with their purpose, as well as acts on the requisition of property in cases of natural disasters, accidents, epidemics, epizootics and in other circumstances that carry extraordinary character, etc.

Extremely important role in the process of the emergence, change or termination of civil legal relations, administrative acts also play in the form of state registration of legal actions, events and rights. State registration actions, events and rights, making them publicly reliable, is a means of public control over civil circulation in order to ensure the fullest protection of the most important property and personal rights, benefits and freedoms of subjects.

3) court decisions (special type).

A special type of legal acts are court decisions establishing civil rights and obligations. An example is the solutions

    • on the recognition of ownership of an unauthorized structure (clause 3 of article 222 of the Civil Code);
    • on the compulsory conclusion of an agreement on the conditions specified in judgment, and the like;
    • on determining the procedure for using a thing that is in common shared ownership.

Legal deeds

Legal facts-actions that give rise to civil law consequences also include legal acts - lawful actions of subjects, with which the law associates certain legal consequences, regardless of whether the subjects had the goal of achieving a particular legal result. Such legal facts include, for example, the discovery of a lost item and the discovery of a treasure. These actions, even if the subjects did not anticipate this, when certain conditions give rise to their ownership of the found thing, discovered treasure (clause 1 of article 228, clause 1 of article 233 of the Civil Code). The creation of works of literature, science and art also belongs to legal acts, for Copyright on them arises by the very fact of their creation. The author may not even know about the complex of rights that arise with him, but he becomes their owner in the presence of the very fact of creating a work (paragraph 4 of article 1259 of the Civil Code).

Civil offenses

Civil law consequences can also cause illegal actions of subjects of civil law - civil offenses. These are actions that violate the prescriptions of laws, other legal acts, terms of contracts or principles of law. These include:

    • causing harm (damage) (the so-called tort);
    • violations contractual obligations;
    • actions that led to unjust enrichment - the acquisition or saving of the offender's property at the expense of another person without sufficient grounds;
    • abuse of the right;
    • actions committed in the form of transactions recognized as invalid;
    • actions violating intellectual rights(exclusive and personal non-property) for the results of intellectual activity and the means of individualization equated to them, etc.

Legal facts-events

Developments- phenomena of reality that occur independently of the will of a person.

For example, an event such as an earthquake is a legal fact that gives rise to the right of the person who insured a residential building to receive insurance compensation (compensation for damage) in the event that the house is destroyed due to an earthquake. An event such as the death of a person can give rise to numerous legal consequences - the termination of obligations in which the deceased participated, legal relations on property, etc.

Types of legal events:

    1. absolute and
    2. relative.

Absolute events- such phenomena, the emergence and development of which are not associated with the volitional activity of the subjects. These include natural disasters (for example, earthquakes, floods, etc.) and other natural phenomena (for example, the formation of faults and landslides).

Relative events- such phenomena that arise at the will of the subjects, but develop and proceed independently of their will. So, the death of a murdered person is a relative event, because the event itself (death) arose as a result of the volitional actions of the killer, but at the same time this event (death) was the result of pathological changes in the victim's body, no longer dependent on the will of the killer. The differentiation of events into absolute and relative is of great importance. When civil consequences arise as a result of a relative event, the question of whether the resulting consequences are in a causal relationship with the human action that generated the event always requires a decision.

Legal facts such as timing are close to relative events. The terms of origin depend on the will of the subjects or the legislator, but the course of the terms is subject to the objective laws of the passage of time. Terms play an independent, distinctive and multifaceted role in the mechanism of civil law regulation of public relations. In some cases, the onset or expiration of the term automatically generates, changes or terminates civil rights and obligations (for example, the copyright of the heirs is terminated from one fact of the expiration of 70 years, counted from January 1 of the year following the year of the author's death). In others, the onset or expiration of the term gives rise to civil law consequences in conjunction with certain behavior subjects. Thus, the delay in the fulfillment of an obligation may serve as the basis for the imposition of liability in the presence of the culpable actions of the debtor or creditor. The expiration of the period of acquisitive prescription can give rise to the subject's right of ownership to someone else's thing only on condition of bona fide, open and continuous possession of it as his own.

Legal structures

The emergence, change or termination of legal relations may be due to one legal fact or a set of legal facts, which is called legal structure.

Types of legal structures

There are legal structures:

    • completed (when there is the necessary set of legal facts) and incomplete (when the accumulation of necessary facts is still continuing);
    • simple (when all the facts relate to one branch of law) and complex (when the necessary set of facts includes facts of different industry affiliation, while their accumulation takes place in a certain sequence).

Legal structures can include various combinations of both actions and events. So, for the emergence of the right to insurance compensation in the event of the destruction of a house from an earthquake (event), it is necessary to have another legal fact - an action, namely, an insurance contract concluded by the owner of the house with the insurer.

In some cases, legal structures give rise to legal consequences, provided that their constituent legal facts arise in a strictly defined order and are available together at the right time. For example, the heir indicated in the will can become the owner of the inherited property in the presence of the following legal facts, unfolding in a strict sequence:

    • drawing up of a will by the testator;
    • opening of inheritance;
    • acceptance of the inheritance by the heir.

V general theory rights such legal structures are called complex (linked) systems of legal facts.

In other cases, legal structures give rise to legal consequences only if all the necessary legal facts are taken together, regardless of the sequence in which they arise. Thus, the suspension of the limitation period occurs in the presence of the following facts (and it is completely indifferent in what order they accumulate): the presence of the plaintiff or defendant in the Armed Forces; the transfer of the Armed Forces to martial law. It is only important that these two facts are present, and that they have arisen within the last six months of the statute of limitations. Legal structures of this type are referred to in the general theory of law as simple (free) complexes of legal facts.

4.5

  • Grounds for the emergence, change and termination of civil legal relations
  • Legal facts and their composition
    • Legal facts - actions
    • Legal facts - events
    • Legal structures
  • Concept and types of transactions
    • Deal - volitional action
    • Basis (purpose) of the transaction
    • Deal as lawful action
    • Unilateral, bilateral and multilateral transactions
    • Compensated and gratuitous transactions
    • Consensual and real deals
    • Causal and Abstract Transactions
    • Conditional transactions
    • Types of conditions in transactions
    • The value of transactions
  • Conditions of validity of transactions
    • The legality of the content of the transaction
    • The ability of physical and legal entities making a deal to participate in it
    • Deal form
    • Written form of transactions
    • Analogue of a handwritten signature. Electronic digital signature
    • Consequences of non-compliance with the simple written form of the transaction
    • State registration of transactions
  • Invalidity of transactions
    • The concept and meaning of the invalidity of the transaction
    • Grounds for nullity (absolute invalidity) of transactions
    • Grounds for the Contestability (Relative Invalidity) of Transactions
  • Legal consequences of invalidation of transactions
    • Bilateral restitution
    • Unilateral restitution
    • Other property consequences of the invalidity of the transaction
  • Exercise of civil rights and performance of civil obligations
  • The concept and methods of exercising civil rights and fulfilling obligations
    • The concept of the exercise of subjective civil law
    • The relationship between the exercise of subjective civil rights and execution civic responsibilities
    • Guarantees for the exercise of rights and fulfillment of obligations
    • Ways of exercising subjective civil rights
    • Methods of Execution of Civil Obligations
  • Principles for the exercise of civil rights and the performance of duties
    • The principle of legality
    • The principle of reasonableness and good faith
    • The principle of solidarity of interests and business cooperation
  • The limits of the exercise of civil rights and the performance of duties
    • The concept of the limits of the exercise of civil rights
    • The concept of abuse of rights
  • Exercise of rights and performance of duties through a representative
    • Concept and subjects of representation
    • Appearance and types of representation
    • Power of attorney concept
    • Power of attorney form
    • Substitution
    • Termination of power of attorney
    • Consequences of termination of a power of attorney
  • The right to defense as a subjective civil right
  • Concept and content of the right to defense
    • The concept of the right to defense
    • Self-defense civil rights concept
    • Necessary defense as a way of self-defense of civil rights
    • Actions in conditions urgent need as a way of self-defense of civil rights
  • Measures of operational influence on the violator of civil rights
    • The concept of operational measures
    • The main features of operational measures
    • Types of operational measures
  • Law enforcement measures applied to offenders by the state
    • Preventive (preventive) measures
    • State-coercive regulatory measures
  • Civil liability
  • The concept and types of civil liability
    • Concept legal responsibility
    • Features of civil liability
    • The concept and functions of civil liability
    • Types of civil liability
  • Civil liability conditions
    • Concept and composition civil wrong
    • Wrongfulness as a condition of civil liability
    • Harm (losses) as a condition of civil liability
    • Causal relationship as a condition of civil liability
    • Guilt as a condition of civil liability
  • Application of civil liability
    • Liability arising regardless of the fault of the offender (objective liability)
    • Amount of civil liability
    • Peculiarities of liability for violation of monetary obligations
    • Change in the size of civil liability
    • Objects of property liability
  • Dates in civil law
  • The concept, calculation and types of terms in civil law
    • Term concept
    • Calculation of terms
    • Types of terms
  • Limitation of actions
    • The concept and types of limitation periods
    • Application of the limitation period
    • Calculation of the limitation period
    • Consequences of the expiration of the limitation period
  • Ownership. General Provisions
  • Ownership and ownership
  • The concept and content of property rights
    • Ownership concept
    • Content of the owner's powers
    • Determination of ownership
    • The problem of "trust" and "split ownership"
  • Acquisition (emergence) of property rights
    • Grounds and methods of acquiring property rights
    • Initial Methods for Acquiring Ownership
    • Derivative methods of acquiring ownership
  • Termination of ownership
    • Grounds and methods of termination of ownership
    • Cases of compulsory seizure of property from a private owner on a reimbursable basis
    • Cases of gratuitous compulsory seizure of property from the owner
  • Right private property
  • The right to particular property of citizens
    • Objects of property rights of citizens
    • Citizens' ownership of land
    • Citizens' Ownership of Residential Premises
    • Ownership of individual entrepreneurs
  • Private property rights of legal entities
    • Legal entities as subjects of property rights
    • Objects of ownership of legal entities
    • Ownership of business partnerships
    • Ownership of business entities
    • Ownership of production and consumer cooperatives
    • Ownership of non-profit organizations
  • Inheritance of property of citizens
  • Concept and main categories inheritance law
    • The concept of hereditary succession
    • Significance of inheritance law
    • Discovery of inheritance
    • Subjects of hereditary succession
    • Hereditary mass
  • Inheritance by will
    • The concept of a will
    • Contents of the will
    • Modification, revocation and execution of a will
    • Circle of heirs by law
  • Acceptance of inheritance and rejection of inheritance
    • Acceptance of inheritance
    • Liability of the heir for the debts of the testator
    • Division of inherited property
    • Renunciation of inheritance
  • Public property law
  • General provisions on the right of state and municipal (public) property
    • Types of property rights and legal regime property
    • Public entities
    • Public property
  • Privatization of state and municipal property
    • Importance of privatization public property
    • The concept of privatization of public property
    • Privatization of enterprises by transforming them into joint stock companies
    • Sale of privatized objects by tender and at auctions
    • Other ways of privatization
    • Privatization securities
  • Right common property
  • Concept and types of common property right
    • The concept and grounds for the emergence of common property
    • Types of common property rights
    • The legal essence of the owner's share in common property
  • Common ownership right
    • The concept of the right of common shared ownership
    • Alienation of a share in common property
    • Division of property in shared ownership and separation of a share from it
  • Common joint property right
    • The concept and exercise of the right of common joint ownership
    • The right of common joint property of spouses
    • The right of common joint ownership of a peasant (farm) economy
  • Limited property rights
  • Concept and types of limited property rights
    • The concept of limited property rights
    • Types of limited property rights
  • Business law and law operational management
    • Specifics of the limited real rights of legal entities to manage the property of the owner
    • The right of economic management
    • The right of operational management
    • The right of operational management of a state-owned enterprise
    • Right of Operational Management of an Owner-Financed Institution
    • The right of an institution to independently dispose of the received income

Legal facts - events

Events are phenomena of reality that occur independently of the will of a person. For example, an event such as a strong earthquake is a legal fact that gives rise to the right of the insured of a residential building to receive insurance compensation, i.e. the right to compensation for damage incurred by him as a result of the destruction of his house as a result of this earthquake. An event such as the death of a person can give rise to numerous legal consequences, including the legal relationship of inheritance of property.

Events are classified as absolute and relative. Absolute events are such phenomena, the emergence and development of which are not associated with the volitional activity of the subjects. These include natural disasters and other natural phenomena.

Relative events are those phenomena that arise at the will of the subjects, but develop and proceed independently of their will. So, the death of a murdered person is a relative event, because the event itself (death) arose as a result of the volitional actions of the killer, but at the same time this event (death) was the result of pathological changes in the victim's body, no longer dependent on the will of the killer.

Legal facts such as timing are close to relative events. The terms of origin depend on the will of the subjects or the will of the legislator, but the course of terms is subject to the objective laws of the passage of time. Terms play an independent, distinctive and multifaceted "role" in the mechanism of civil law regulation of public relations.

In some cases, the onset or expiration of a term automatically generates, changes or terminates civil rights and obligations (for example, the copyright of heirs is terminated from one fact of the expiration of 50 years from the date of death of the author), in others - the onset or expiration of a term generates civil law consequences in the aggregate with a certain behavior of the subjects (for example, the delay in the fulfillment of the obligation may serve as the basis for imposing liability in the presence of the guilty actions of the debtor or the creditor; the expiration of the period of acquisitive prescription, provided that the subject has a bona fide, open and continuous possession of property other than his own, may give him ownership of this property, etc. .NS.).

A legal fact is an action (act), inaction, or an event that gives rise to legal consequences or legal relations. Let's take a closer look at what exactly is included in the concept of a legal fact. What are legal consequences or legal relationship? Roughly speaking, legal consequences are such events that are provided for by current law. When people enter into a legal relationship.

Well, for example, you were sold in a store a product of inadequate quality. This is a legal fact, as it gives rise to legal consequences: you, as a consumer, must contact the appropriate government bodies or to the store itself, and demand either a replacement product or a refund. These actions of yours and their procedure are defined in the law "On the protection of consumer rights".

In general, legal facts are a large part of our life: you did not pay for your travel in transport, you are fined or dropped off, you crossed the road at a red light - the Federal Law “Code of administrative offenses»- the penalty should be again; threw a candy wrapper on the street - the same should be fine. Where are the police looking? So much money would go to the treasury if they started working. Parked in in the wrong place... you know - fine! It would have been possible to introduce free university education with this money a long time ago :)))

Examples of legal facts

We figured out the concept of legal facts, now let's move on to their examples:

An action or deed is when a person actively expresses his will. For example, you have a stall and sell donuts. And after a while another stall appears across the street, which - you won't believe it! - also began to sell donuts. And what do you understand? What if it were not for it - you would have twice the profit! Well, you burned down your competitor's stall. This is a criminal act - you actively expressed your will by burning a competitor's stall. Go to jail for this! The very act of burning a competitor's donut stall is a legal fact expressed in the form of an act.

Inaction - passive expression of will, also refers to the classification of legal facts. When a person seems to be doing nothing, but passively expresses his will. For example, you saw that your business competitor was hit by a car. And you ..., stand and watch as no one gives him the first medical assistance and they didn't even call an ambulance. If it is proven that you did this, and it is proved that you had a motive (to get rid of a competitor in an illegal way) - that's it - you will be sent to jail!

An event is a phenomenon that does not depend on the will of people. For example, your donut stand is blown away by the wind! Here's a tin!

Of course, there are legal consequences: you need to make a note in the documents of the local municipal authority that such a structure no longer exists. In the event of an event, to attract - alas - nobody will work ... wind is an unreasonable substance ... 😉

Events are phenomena of reality that occur independently of the will of a person. For example, an event such as a strong earthquake is a legal fact that gives rise to the right of the insured of a residential building to receive insurance compensation, i.e. the right to compensation for damage incurred by him as a result of the destruction of his house as a result of this earthquake. An event such as the death of a person can give rise to numerous legal consequences, including the legal relationship of inheritance of property.

Events are classified as absolute and relative. Absolute events are such phenomena, the emergence and development of which are not associated with the volitional activity of the subjects. These include natural disasters and other natural phenomena.

Relative events are those phenomena that arise at the will of the subjects, but develop and proceed independently of their will. So, the death of a murdered person is a relative event, because the event itself (death) arose as a result of the volitional actions of the killer, but at the same time this event (death) was the result of pathological changes in the victim's body, no longer dependent on the will of the killer.

Legal facts such as timing are close to relative events. The terms of origin depend on the will of the subjects or the will of the legislator, but the course of terms is subject to the objective laws of the passage of time (for more details see Chapter 14 of this textbook). Terms play an independent, distinctive and multifaceted "role" in the mechanism of civil law regulation of public relations. In some cases, the onset or expiration of a term automatically generates, changes or terminates civil rights and obligations (for example, the copyright of heirs is terminated from one fact of the expiration of 50 years from the date of death of the author), in others - the onset or expiration of a term generates civil law consequences in the aggregate with a certain behavior of the subjects (for example, the delay in the fulfillment of the obligation may serve as a basis for imposing liability in the presence of the guilty actions of the debtor or the creditor; the expiration of the period of acquisitive prescription, provided that the subject has a bona fide, open and continuous possession of property other than his own, may give him ownership of this property, etc. .NS.).

Legal states

In the general theoretical and branch scientific literature, such a specific type of legal facts as states is widely discussed. Legal states are complex legal facts characterized by relative stability and a long period of existence, during which they can repeatedly (in combination with other facts) cause the onset of legal consequences.

“The law can change not only as a result of fleeting events,” wrote, for example, E.N. Trubetskoy - but also under the influence of lasting states. " A controversial issue is the place of states in the classification of legal facts. Some authors distinguish states as a special link, along with events and actions; others believe that facts-states can be both legal actions and legal events. A constructive solution to this problem, in our opinion, is to clearly formulate the criterion for identifying states in the system of legal facts. This criterion is the duration of the existence of actual circumstances. From this point of view, all legal facts can be differentiated into facts of short-term action and facts of long-term action (state).

In the scientific literature, it is believed that legal significance has not the state itself (in marriage, in an employment contract), but the legal facts that led to its occurrence. Developing this idea, it can be shown that in a number of cases it is difficult to distinguish a state from a continuing legal relationship. On this basis, doubts have been expressed about the advisability of identifying states in the classification of legal facts. In our opinion, the contradiction in this case seeming. Indeed, states are conditioned by certain legal facts. For example, citizenship, kinship - states that have a source of some legal facts. But in its further existence, the state seems to break away from its factual basis. It acquires independence and, as a legal fact, is included in the actual composition of various legal relations. In some cases, a fact state is an ongoing social circumstance (for example, a state of health). In other situations, the state may be legal relationship(for example, membership in an organization). This does not discredit the independence of facts-states at all, since legal relations can also play the role of legal facts.

The classification of legal facts-states has been little studied. In our opinion, such a classification can be based on the system of personality traits used in specific sociological research. These are gender, age, social origin, nationality, party affiliation, education, culture, qualifications, work experience, etc. Given this system, legal facts-states can be grouped as follows:

· Characterizing general physiological personality traits (gender, age, state of health);

Characterizing the most common social attributes personality (nationality, citizenship, place of residence);

· Characterizing family and household relations (state of marriage, the presence of children, dependents, etc.);

Characterizing labor activity and the way of receiving income (worker, employee, dependent, student, etc.);

· Characterizing social and political activities (election to state bodies, awarding orders and medals, conferring honorary titles, etc.);

· Characterizing the attitude to the rule of law (conviction, parasitism, etc.).

Actual composition

A set of legal facts with which the onset of legal consequences is associated. For many legal relationships, one of the circumstances specified in the law is enough for a legal relationship to arise (terminate). So, for the termination of the pledge, a transfer to another person of the debt under the obligation secured by the pledge is required. For a whole series of legal relations, the onset of not one, but several legal facts is required. So, by labor law for some categories of workers, the reason for the occurrence employment relationship is a complex composition of legal facts, in particular, labor contract(contract) and selection by competition (teaching staff of universities); for 15-year-olds, an additional (special) condition is the consent of the trade union committee to receive them; for 14-year-old students - consent of one of the parents, etc. There are two types of actual compositions.

Simple compounds are complexes of facts between which there is a "free", non-rigid connection. In this composition, facts can accumulate in any order. In other cases, the factual compositions give rise to legal consequences only if all the necessary legal facts are taken together, regardless of the sequence in which they arose. So, the suspension of the limitation period occurs in the presence of the following facts: the presence of the plaintiff or the defendant in the Armed Forces; transfer of these Armed Forces to martial law. It is only important that these two facts are present and have arisen within the last six months of the limitation period. The actual compositions of this type are called simple in the theory of law.

Complex (connected) are systems of facts, between which there is an interdependence, a rigid dependence. Facts must be accumulated in a rigid, well-defined order. In some cases, the actual compositions give rise to legal consequences, provided that their constituent legal facts arise in a strictly defined order and they are available together at the right time. For example, the heir indicated in the will may become the owner of the inherited property in the presence of the following legal facts unfolding in strict sequence: drawing up of the will by the testator; opening of inheritance; acceptance of the inheritance by the heir. In the theory of law, such actual compositions are called complex.

The division according to the degree of certainty of the compositions distinguishes between certain and blanket compositions. Certain - these are compounds, all elements of which are, in the strict sense, legal facts, and all of them are entirely provided for by the hypotheses of the rule of law.

Blank (relatively specific) are formulations that are not fully provided for in legal regulations; the norms indicate only factual prerequisites, and the justice authorities have the opportunity to resolve specific issues individually, taking into account the specific circumstances of the case. Consequently, blanket compositions are characterized by the fact that they are made up of the premises of individual acts and the circumstances specified in the norm give rise to consequences only through the act jurisdictional authority... For example, the actual breakdown of a family leads to divorce only in conjunction with a court ruling on divorce.

3. In terms of volume, the actual trains are divided into completed and incomplete.

Completed are the compositions in which the process of accumulating legal compositions has been completed. They give rise to final legal consequences, i.e. there is the emergence, development and termination of legal relations. The moment indicating the completeness of the actual composition is the emergence subjective law(responsibilities).

Incomplete are compositions in which the process of accumulating legal facts is not finished. They can only give rise to intermediate legal consequences. Having completed their temporary mission, they seem to leave the stage, making way for the final legal implications generated by the actual composition as a whole.

Types of actual formulations

The actual composition is a system of legal facts necessary for the onset of legal consequences (the emergence, change or termination of legal relations).

Simple compounds are complexes of facts between which there is a "free", non-rigid connection. In this composition, facts can accumulate in any order. simple (when all the facts relate to one branch of law) and complex (when the necessary set of facts includes facts of different industry affiliation; moreover, their accumulation takes place in a certain sequence).

Complex (connected) are systems of facts, between which there is an interdependence, a rigid dependence. Facts must be accumulated in a rigid, well-defined order.

Mixed are systems of facts, the connection between which is partly "free", and partly - rigid, "connected".

completed (when there is the necessary set of legal facts) and incomplete (when the accumulation of necessary facts is still continuing),