The elements of the legal relationship

De Baripedia

Based on a course by Victor Monnier[1][2][3]

This course on the elements of the legal relationship will adopt an approach based on the definition and technical analysis of its key components. To begin with, it will focus on establishing precise definitions of fundamental terms and concepts, such as legal subjects, legal acts, legal facts, and the various forms of sanctions. This initial step is essential to ensure a clear and thorough understanding of the legal terms that will be used.

After laying these foundations, the course will examine how these elements are technically articulated within the legal system. It will study the interactions between legal subjects, how legal acts and facts produce consequences in reality, and how sanctions are implemented and operate in various legal contexts.

This method will provide an understanding not only of the nature of these legal elements, but also of their interconnected operation within the legal system. By offering a technical and detailed perspective on the fundamental principles of law, the course aims to provide the necessary tools to analyse and interpret complex legal situations.

The subject of law[modifier | modifier le wikicode]

Subjects of law are at the heart of legal relationships, comprising natural persons and legal entities, each with the capacity to hold rights and obligations. Natural persons are human individuals, recognised as subjects of law from birth. Their legal capacity may vary depending on a number of factors, such as the attainment of legal majority, which confers full capacity to enter into contracts, own property or take legal action. For example, a minor child cannot enter into certain types of contract without the consent of his or her legal representatives.

On the other hand, legal persons, such as companies, associations or foundations, are entities created and recognised by law. They do not exist physically like human beings, but they have a legal identity that enables them to act, enter into contracts and be liable before the law. A company, for example, can sign contracts, own property and be held liable for its legal actions, even if these actions are carried out by human representatives.

This distinction between natural and legal persons is crucial in the legal world. It enables us to understand the different ways in which rights and obligations can be attributed and managed. Each category of legal subject plays a distinct role in the social and economic fabric, reflecting the diversity and complexity of legal relationships in a modern society.

Natural person[modifier | modifier le wikicode]

In the legal sphere, a natural person is a human individual to whom the law attributes the enjoyment of rights and imposes obligations. This recognition is fundamental to the legal system and involves several important aspects. From birth, and sometimes even before, an individual is recognised as a natural person. This recognition gives them a unique legal identity, marked by the attribution of a name, a civil status and fundamental rights such as the right to life, security and freedom. As they grow up, other rights and obligations are added, such as the right to vote or criminal responsibility, which often depend on age or other specific criteria.

The legal capacity of individuals is also a crucial aspect. This refers to the ability to exercise one's rights and meet one's obligations. This capacity may be full and complete, as is generally the case for an adult, or limited in certain circumstances, as in the case of minors or persons under guardianship. In addition, natural persons have the capacity to take legal action, either to defend their rights or to answer for their actions. This means that a person can take legal action to assert a right or to defend themselves if accused.

This legal recognition of the individual is the cornerstone of the legal system. It ensures that each individual is considered, respected and protected as an autonomous entity within society, with clearly defined rights and responsibilities.

Legal persons[modifier | modifier le wikicode]

Legal persons may be groups of individuals, such as corporations, or masses of assets, such as certain establishments, which are created to achieve a specific purpose. The law grants them a legal existence of their own, distinct from that of the individuals who make them up or create them. This distinction is fundamental to understanding how they operate and their place in the legal system. Legal entities, such as companies, associations and foundations, have rights and obligations similar to those of natural persons. They can own property, sign contracts, take legal action and be held liable for their actions. For example, a company can enter into employment contracts with its employees, own property and be responsible for complying with environmental regulations.

The legal existence of legal persons is independent of that of their members or founders. This means that their existence continues even if the members change or the founder dies. This continuity is essential for the stability of transactions and legal relationships in which legal persons are involved. The legal capacity of legal entities is defined by the laws under which they were created and by their articles of association or bylaws. This includes the terms of their governance, their corporate purpose, as well as the rules governing their operation and dissolution.

Legal persons governed by private law play an essential role in the legal and economic landscape, divided mainly into civil and commercial entities. Civil entities include associations and foundations, each of which has a distinct character and objectives. Associations, for example, are formed by groups of people who come together to pursue a common, often non-profit objective, such as promoting the arts, protecting the environment or providing social assistance. They are governed by articles of association that define their structure and operation, and although they may own assets or employ staff, their main aim is not to generate profits. Foundations, on the other hand, are entities usually created by one or more donors who allocate initial capital to a specific purpose, such as supporting medical research or education. Unlike associations, foundations are not primarily made up of members, but rather of assets dedicated to a cause. They are often subject to rigorous state control to ensure that their activities and management are consistent with their stated mission. In the commercial sector, sociétés anonymes (SA) are a common form of legal entity. Suitable for large companies, they offer the possibility of raising substantial capital through the sale of shares. The liability of shareholders is limited to their contribution, which makes this type of company attractive to many investors. Public limited companies are governed by strict rules regarding their formation, governance and financial transparency. For example, a large industrial company may choose the limited company form to finance its expansion while protecting its shareholders. These different forms of legal entity under private law reflect the diversity of needs and structures in the legal and economic world. Whether it is to pursue an objective of general interest or to facilitate large-scale commercial activities, they provide an essential framework for organising and carrying out collective activities in a company.

Legal persons governed by public law, both domestically and internationally, play a crucial role in the organisation and management of public affairs. They are distinguished by their mission and structure, which are governed by public law. Under domestic public law, entities such as the federal state, municipalities and autonomous public establishments are typical examples of legal persons governed by public law. These entities are vested with specific competences and powers under public law in order to perform tasks of general interest. For example, the federal state has global competence, managing areas such as national defence, foreign policy and economic regulation at a national level. The municipalities, on the other hand, deal with local matters such as town planning, primary education and local public services. Autonomous public bodies, on the other hand, are set up to manage specific activities such as public transport, water management or cultural services. Their autonomy allows for specialised management, while remaining under the control and supervision of the State.

In international public law, legal persons include entities such as sovereign states, international organisations and supranational institutions. These entities have rights and obligations at international level. States, for example, enjoy sovereignty and participate in international relations by signing treaties, participating in international organisations and complying with international law. International organisations, such as the United Nations or the European Union, are formed by agreements between states and have specific objectives, such as promoting peace, economic cooperation or environmental protection. These public law entities, whether internal or international, are essential for structuring and regulating interactions within societies and between nations. Their existence and operation are governed by specific legal standards, ensuring that they are managed in an orderly fashion and in accordance with the principles of public law.

The legal relationship[modifier | modifier le wikicode]

The concept of a legal relationship is fundamental to understanding how legal systems work. It refers to a legal relationship between at least two parties, where one has the right to require the other to perform a legal duty. This relationship is the very basis of legal interactions and can manifest itself in various ways in practice.

A classic example of a legal relationship is that between a creditor and a debtor under a contract. The creditor is the person who has the right to demand that the debtor fulfil an obligation, such as paying a sum of money or delivering goods. In this case, the legal relationship is defined by the terms of the contract between the two parties. Another example can be seen in the field of public law. For example, a citizen has obligations to the State, such as paying taxes or complying with the law. Conversely, the state has duties towards its citizens, such as guaranteeing fundamental rights and providing public services. These reciprocal obligations and rights form a legal relationship between the individual and the state.

In all cases, the legal relationship involves a balance between rights and obligations. It is regulated by the legal system to ensure that the rights of each party are respected and that the obligations are fulfilled. This structure is crucial to maintaining order and justice in society.

Juridical act[modifier | modifier le wikicode]

A juridical act is a key concept in law, designating any expression of will, whether explicit or implicit, intended to produce specific legal effects. This expression of will can take various forms and is intended to create, transfer, modify or extinguish a right. Legal acts are essential in structuring legal relationships, as they enable the parties to organise their relations in a consensual and predictable manner.

A typical example of a legal act is a contract. When two parties enter into a contract, they are expressing their intention to enter into a legal commitment to each other. The terms of the contract determine the rights and obligations of each party. For example, a contract of sale involves the transfer of ownership of a good from the seller to the buyer, while the buyer undertakes to pay the agreed price. Wills are another example of a legal act. In a will, a person expresses his or her wishes regarding the distribution of his or her property after death. This legal act allows the legal distribution of the deceased's assets to be changed in accordance with his or her last wishes.

Legal acts can also be implicit, taking the form of actions which, although not explicitly declared, are legally interpreted as expressing a will. For example, the payment of a sum of money for a purchase may be regarded as implicit acceptance of the terms of sale. The validity of a legal act depends on a number of factors, including the capacity of the parties to contract, their free and informed consent, and the act's compliance with the legal standards in force. Legal acts are therefore governed by the law to ensure that the legal effects they produce are legitimate and fair.

A unilateral act in law is an important concept, distinguished by the fact that it emanates from the will of a single person, unlike bilateral or multilateral acts, which require the agreement of several parties. This unilateral act is characterised by the fact that a single person decides to create, modify, transfer or extinguish a legal right or obligation. Among the most common examples of unilateral acts, the will is particularly significant. In a will, a person (the testator) expresses his or her wishes regarding the distribution of his or her property after his or her death. This document takes effect only on the death of the testator and is based entirely on his personal decisions, without requiring the agreement of others. Another example is an acknowledgement of paternity. When a man acknowledges that he is the father of a child, this acknowledgement is a unilateral legal act that creates a parent-child relationship and gives rise to rights and obligations, such as parental responsibility and maintenance obligations. These unilateral acts are essential in the legal system because they enable a person to exercise his or her will autonomously, creating legal effects that will be respected and applied by the law. However, to be valid, they must comply with certain conditions of substance and form, such as the absence of defects in consent in the case of a will, or compliance with the laws in force in the case of an acknowledgement of paternity.

The bilateral legal act is a central figure in law, involving the concordant manifestation of two distinct wills. This category of legal act is characterised by the mutual commitment of the parties, each agreeing to submit to certain obligations or to benefit from certain rights. The contract of sale is a perfect example of a bilateral act. In such a contract, the seller undertakes to transfer ownership of a good or service to the buyer, while the buyer undertakes, in return, to pay the agreed price. Each party has specific obligations: the seller must deliver the good or service in accordance with the terms of the contract, and the buyer must make payment in accordance with the agreed terms. This type of agreement is based on the principle of party autonomy, whereby the parties are free to determine the content of their contract within the limits set by law. The validity of a bilateral deed depends on a number of factors, including the informed and free consent of each party, the lawful purpose of the contract, and the legal capacity of the parties to contract. Bilateral acts are fundamental to commercial and personal relationships, as they enable the parties to organise their affairs in a structured and predictable way, creating legally binding and enforceable rights and obligations.

A multilateral act is a type of legal act involving the expression of the will of several parties. Unlike a unilateral act, which emanates from a single person, and a bilateral act, which results from the agreement of two parties, a multilateral act requires the participation and consent of several individuals or entities. The creation of an association is a classic example of a multilateral act. When several people decide to join together to form an association, they must all agree on the objectives, operating rules and structure of the new entity. This agreement generally takes the form of the drafting and signing of the association's articles of association, which define its purpose, operating procedures, the rights and obligations of its members, and other essential aspects of its organisation. In a multilateral act such as the creation of an association, each participant contributes his or her will and consent to the joint act. The validity of the act depends on the agreement of these wishes and compliance with legal and regulatory conditions. These acts are important because they reflect the ability of individuals to collaborate and organise themselves collectively to achieve common goals, while creating legally recognised and operational structures.

The juridical fac[modifier | modifier le wikicode]

The concept of a juridical fact is crucial to understanding how the law interacts with everyday events. A juridical fact, unlike a juridical act, does not involve an expression of will intended to produce legal effects. Rather, they are events or circumstances to which the law automatically attaches certain legal consequences. These facts may be of various kinds, including natural events or involuntary human actions, and their occurrence creates, modifies or extinguishes rights and obligations.

For example, a natural event such as the death of a person has important legal consequences. It results in the transfer of his or her property to his or her heirs, in accordance with the rules of succession. Here, there is no will expressed by the deceased at the time of death, but the fact itself generates legal effects. Another example of a legal fact is a car accident. Although the accident may not be intentional, it creates legal obligations, such as the civil liability of the perpetrator towards the victims for the damage caused. In this case, even if the accident is not the result of an intentional action intended to create legal effects, it nevertheless does.

Legal facts are essential to understanding how seemingly unrelated events can have significant legal implications. They show that the law is closely linked to social and natural reality, and that it is designed to regulate the consequences of various life events.

Legal sanction[modifier | modifier le wikicode]

Legal sanction is a key element of the legal system, serving as a mechanism to ensure compliance with the legal order. It represents the consequences imposed on a person who violates a legal obligation. These sanctions can take a variety of forms and are designed to restore order, punish non-compliance and prevent future breaches.

Sanctions may be civil, criminal, administrative or even disciplinary in nature, depending on the context and the nature of the offence. For example, in civil law, if a person breaches the terms of a contract, they may be required to pay damages to the injured party. The purpose of this sanction is to compensate the loss suffered by the victim of the breach of contract. In the criminal field, sanctions are generally more severe and may include penalties such as fines, prison sentences or community service. These penalties are intended not only to punish the guilty party, but also to deter others from committing similar offences.

Administrative sanctions, on the other hand, are often applied in response to breaches of specific regulations, such as violations of environmental standards or labour law. These sanctions can include fines, suspension of a licence or authorisation to carry out a professional activity. Finally, disciplinary sanctions are used in professional or institutional contexts, for example when a member of a regulated profession, such as a doctor or lawyer, fails to comply with the ethical or professional standards of his or her profession. In this way, sanctions play a crucial role in maintaining legal order, ensuring that offences are dealt with appropriately and supporting the integrity of the legal system.

Civil penalties[modifier | modifier le wikicode]

The main purpose of civil penalties in the legal system is to restore the balance broken by the breach of a social or contractual obligation. Unlike criminal sanctions, which aim to punish and deter, civil sanctions seek to correct the consequences of an action or inaction that does not comply with legal or contractual obligations.

When a party breaches a contract, for example, the civil penalty may consist of an obligation to pay damages to the injured party. These damages are calculated to compensate for the loss suffered as a result of the breach of contract. The idea is to put the injured party back in the position it would have been in had the obligation been properly performed. In some cases, the civil penalty may also involve restitution or reparation. For example, if someone damages someone else's property, they may be required to repair the damage or replace the damaged object. In addition, the courts may impose measures such as specific performance, where the offender is forced to fulfil the original undertaking, such as completing a job agreed in a contract. Astreintes, which are financial penalties for each day of delay in complying with a judgment, can also be used to encourage compliance.

Civil penalties therefore play a crucial role in regulating private legal relationships, aiming to right wrongs and restore as far as possible the situation prior to the breach of obligation.

Penal sanctions[modifier | modifier le wikicode]

Penal sanctions are a central element of the justice system and play a crucial role in maintaining public order and protecting society. Imposed by the public authorities, they are established in the general interest and are designed to repress behaviour deemed harmful or dangerous to society, as defined by criminal law. Criminal sanctions are imposed by the courts following a judicial process in which the accused is judged for his or her alleged actions in breach of the law. They can take different forms, depending on the seriousness of the offence and the specific circumstances of each case. Among the most common sanctions are fines, prison sentences, community service or probation.

The main purpose of criminal sanctions is to punish the guilty party in order to deter both the person concerned and society in general from committing similar acts. It also aims to protect society by neutralising, temporarily or permanently, individuals deemed to be dangerous. For example, a prison sentence aims not only to punish the offender, but also to remove him or her from society for a given period in order to prevent further crimes. In addition to these punitive and preventive objectives, criminal sanctions can also have a rehabilitative function. Some penalties, such as training programmes or therapies, are designed to help offenders reintegrate into society and lead a law-abiding life in the future.

Penal sanctions are therefore an important tool for the justice system, which aims to balance the need to punish offences, protect society and offer rehabilitation opportunities to offenders.

Administrative penalties[modifier | modifier le wikicode]

Administrative penalties are a form of reaction by the State to breaches of rules or obligations under public law. It differs from criminal and civil sanctions in that it is imposed not by a court, but by an administrative authority in the exercise of its regulatory and supervisory functions. These sanctions are generally applied in response to breaches of specific rules and regulations administered by the various branches of the public administration. They are designed to ensure compliance with the standards established for the proper functioning of society and the protection of the general interest.

A classic example of an administrative sanction is the withdrawal of a driving licence. If a driver repeatedly or seriously breaches the rules of the road, as in the case of drink-driving or exceeding speed limits, the relevant administrative authorities may withdraw his or her licence. This measure is aimed at preventing future dangerous behaviour on the road and maintaining public safety. Administrative fines for non-compliance with environmental, health or building regulations are other examples of administrative penalties. These fines are imposed to ensure compliance with the standards set in these areas, which are essential for the protection of public health, the environment or the safety of buildings.

Administrative sanctions are therefore an important tool for public authorities, enabling them to enforce compliance with regulations and respond quickly and effectively to breaches, while contributing to good governance and the protection of society's interests.

Annexes[modifier | modifier le wikicode]

References[modifier | modifier le wikicode]