Legal relations. Legal relation - definition Legal relation – relation between subjects based on legal facts included in legal norms, subjects have rights.

Presentation on theme: "Legal relations. Legal relation - definition Legal relation – relation between subjects based on legal facts included in legal norms, subjects have rights."— Presentation transcript:

1 Legal relations

2 Legal relation - definition Legal relation – relation between subjects based on legal facts included in legal norms, subjects have rights and duties Prerequisites of legal relations - legal norms and legal facts Components of legal relations: – Subject of legal relations – Object of legal relations – Content of legal relations

3 Legal facts Life circumstances which can create, change or repeal legal relation Subjective legal facts – can be influenced by human will – legal action – illegal action Objective legal facts – cannot be influenced by human will – legal event – illegal state

4 Legal action Human conduct in accordance with the law Constitutive decision – decision of the competent state authority which can influence legal relation (establish, repeal) Legal act - manifestation of will which can influence legal relation (establish, repeal)

5 Illegal action Human conduct contrary to the law: – Criminal act – most dangerous illegal act punished by courts (murder, theft, robbery) – Administrative offence – harmful illegal act punished by administrative authorities – Disciplinary offence – breach of discipline inside some organization or institution – Civil delict – breach of norm inside private law (property damage, damage to person, debtor‘s delay)

6 Legal events and illegal state Legal events – such circumstances which originate irrespective of human‘s will and can influence legal relations (birth, death, age achievement, terms in law) Illegal state – result of conduct or event contrary to law, someone has the duty to repair this state even if it is no fault of his own – objective liability

7 Subjects of legal relations Natural persons, juridical persons, state Capacity to rights and duties – capacity to be the subject of law, to have rights and duties Capacity to legal action – capacity to establish legal relations (change, repeal) Capacity to illegal action – capacity to bear liability for illegal act

8 Natural persons Capacity to rights and duties – from birth to death, cannot be limited, nasciturus Capacity to legal action – from the age of 18, minors according to intellectual and volitive maturity, it can be limited by court Capacity to illegal action – according to the branch of law (criminal law – 15 years, civil law – 18 years)

9 Juridical persons Civil juridical persons – established by legal act (mostly contract), must be registered in some public registry – Corporation – association of persons – Foundation – association of property Public juridical persons – established by law for public purposes (regions and municipalities, public universities, professional associations)

10 Juridical persons – capacity All the three capacities – from the moment of registration in public registry Statutory body – natural persons which can act in the name of juridical person From January 2012 juridical persons have criminal liability in Czech law Expiration of the three capacities – end of registration in public registry

11 State In civil law it is considered as special type of juridical person Statutory body – different state authorities according to their competence State can bear liability only in private law Special aspect – state creates the law and it is binding for him, has some special rights

12 Objects of legal relations Things (movable or immovable) Results of creative brainwork (copyright law) Values of human personality (life, health, freedom) Right (pecuniary claim)

13 Content of legal relations Rights and duties of the subjects of legal relations Absolute rights – concrete person has the right, indeterminate number of persons has the duty Relative rights – concrete person has the right, concrete person has the duty Types of duties – to give, to perform, to abstain, to bear