The elements of the legal relationship

De Baripedia

The subject of law[modifier | modifier le wikicode]

Legal entities are natural persons and legal entities that have the capacity to hold rights and obligations.

Physical persons[modifier | modifier le wikicode]

A natural person is, in the sense of the law, a human person to whom the enjoyment of rights has been attributed.

Legal entities[modifier | modifier le wikicode]

Legal persons are groups of persons (corporations) or masses of property (establishments) with a certain purpose, to which the law confers the enjoyment and exercise of civil rights and whose existence is independent of the persons who create or compose them.

  • legal person under private law
    • civil: association, foundation
    • commercial: public limited company
  • legal person under public law
    • domestic public law: these are legal persons vested with competence by public law who have political bodies whose competence is limited by public law. (federal state, municipality, autonomous public institution).
    • public international law: these are the holders of rights and obligations at the international level.

The legal relationship[modifier | modifier le wikicode]

The legal relationship is the relationship between at least two persons, one of whom is entitled to require the other to fulfil a legal duty.

Legal act[modifier | modifier le wikicode]

A legal act is an expression of explicit or implicit wills that produces the legal effect corresponding to the expressed will (creation, transfer, modification or extinction of a right).

  • Unilateral act: emanation of a single will (will, acknowledgement of paternity)
  • Bilateral act: emanation of two wills (contract of sale)
  • Multilateral act: emanating from several parties (creation of an association)

The legal facts[modifier | modifier le wikicode]

A legal fact is a fact to which legal effects are attached. There is no foreign will to human activity (natural fact) and will lead to legal consequences creating legal relationships.

The sanction[modifier | modifier le wikicode]

Sanction is the consequence attached to the violation by a person of his obligation under the legal system.

The civil penalty[modifier | modifier le wikicode]

Subject to a social or contractual obligation. It tends when the violation has been committed to restore the situation as far as possible.

The criminal sanction[modifier | modifier le wikicode]

Imposed by the public authorities and introduced for the purpose of the general interest. It meets the objective of punishing behaviour provided for by criminal law. Criminal sanctions are introduced by the courts.

The administrative penalty[modifier | modifier le wikicode]

This is the result of the State's intervention as an administration. It is the penalty imposed by the State against a citizen for a breach of an obligation under public law. (e.g. withdrawal of driving licence, compliance with road traffic regulations).

Annexes[modifier | modifier le wikicode]

References[modifier | modifier le wikicode]