GROUNDS OF EMERGENCE, CHANGE AND TERMINATION OF LEGAL RELATIONS. LEGAL TRANSACTION
Description
Legal relations between their participants arise due to certain circumstances of reality, the occurrence of which leads to creation of mutual rights and obligations.
In the science of civil law, such circumstances of reality are called JURAL FACTS.
Jural facts have an impact on the dynamics of legal relations.
Legal relations not only arise, but also change and terminate through jural facts.
JURAL FACTS - are the consequences (actual or legal) of real circumstances of reality arising objectively autonomously or depending on the will of the parties to legal relations, which lead to the emergence, change or termination of legal relations.
JURAL FACTS of actions and events.
ACTIONS - are characterized by volitional behavior of the parties in legal relations.
- Legal (transactions)
- Illegal (tort).
Legal actions are divided into Legal acts (lawful action of a person intentionally aimed at the emergence, change and termination of legal relations) and Legal doings (lawful behavior of a person leading to legal consequences, regardless of whether the goal was to achieve a legal result
EVENTS - are the circumstances of objective reality arising regardless of the will of the parties to legal relations
Relative events - the events occurring at the will of a person, but afterwards developing regardless of his/her behavior
Absolute events - events, the emergence and development of which are not conditioned upon the behavior of a person.
The above mentioned jural facts can be single or complex (multiple).
The set of jural facts is called SET OF FACTS
The emergence of immovable property ownership requires a combination of two jural facts:
1. Conclusion of a sale agreement;
2. State registration of the property ownership.
LEGAL TRANSACTION is the main element in ensuring the dynamics of legal relations among the jural facts of civil law.
Legal transaction - is an act of conscious, volitional actions aimed at achieving the appropriate result and the occurrence of the relevant legal consequence.
Legal transactions are divided into unilateral (will), multilateral (agreement).