LawState and Law

Content of legal relations

The content of legal relations is a concretized form of expressing the abstract essence of the realizable norm relating to objective law. In each specific case, there is a concrete result. So, in one case, the content of legal relations can express the concretization of the abstract foundations of the hypothesis of the norm in the form of the existence of specific circumstances that have legal significance. In the other, there is a clarification of the provisions of the normative dispositions in the form of appropriate lawful actions of an active, mutually agreed nature of capable actors of interaction. In the third case, the content of legal relations is presented in the form of concretization of the provisions of the regulatory sanction, which is expressed in the form of an appropriate decision or act (the lawful enforcement measure).

Principally, the very definition of the interactions being considered. The legal relationship is the construction and category of doctrinal reflection and explanation of the process of action itself, the implementation of the established law, but not the category of law enforcement (law-making). In other words, the interaction under consideration is not a means and form of initial regulation and a regulatory influence on the participants of interactions.

The content of legal relations is considered exclusively legal, has a formal legal nature. The interaction under consideration is endowed with the same volume and the same regulatory mechanism as the norm. The essence and mechanism consist of special structural components of the norm (sanctions, dispositions, hypotheses), as well as their regulatory functions.

Legal relationship and legal norm are two forms of one expression of the regulatory mechanism. The difference between them lies in the fact that in the first case we are talking about a dynamic, concrete-realization form of the regulatory process. The rule of law in this case is a static, abstract-general form.

Legal relationship is a general regulatory and procedural form of concretization and expression of the abstract meaning of law. Within these limits and in accordance with the established requirements, all actions and relationships of the parties (entities) should be carried out as they realize their duties and capabilities.

The content of a civil legal relationship includes subjective duties and rights belonging to certain participants in the formed interaction. Obligations and opportunities of subjects are formed simultaneously. In the process of realizing the rights, the content of the legal relationship in question may change. Such, for example, can occur in the event of inadequate performance by one of the parties of their obligations under the treaty.

The structure of the essence of this interaction can be complex or simple. Within the framework of a simple design, one side has subject rights, while the other has responsibilities. The main mass of relations is characterized by a complex structure. This design assumes the existence of both subjective duties and subjective opportunities at the same time for both sides.

The content of land legal relations is fixed by the norms of the relevant field of law. The actors realize their opportunities and responsibilities through active actions (site development, for example) or abstention from the implementation of one or another act contrary to the law.

The content of these legal relationships depends on the composition of the participants, the type of interaction, the features of the object. The terms of reference and possibilities of the parties to the relations are determined and fixed in the relevant legislation.

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