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What are the elements of legal relationship?

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What are the elements of legal relationship?


        

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  • 2024-06-12 16:00:54

    What are the elements of legal relationship? There are three elements: (1) the subject of legal relationship; (2) Content of legal relationship; (3) Object of legal relationship. The subject of legal relationship is the participant of legal relationship, which refers to the party who participates in legal relationship and enjoys rights and assumes obligations according to law. Namely, in the legal relationship, the holder of certain rights and the bearer of certain obligations. In each specific legal relationship, the number of subjects varies, and generally they belong to the corresponding two parties: one party is the holder of rights and becomes the obligee; The other party is the bearer of the obligation and becomes the obligor. The content of legal relationship includes the concepts of rights and obligations. Rights and obligations are a pair of categories representing relations and states, and are the most basic categories in the legal category system. In essence, rights refer to certain interests protected by law; From the perspective of behavior mode, it shows how the person claiming the right can act, how he must act or how he must not act. The obligator refers to a certain responsibility that people must perform, which is manifested in two ways: how to act and how not to act. In the state of legal regulation, rights are the interests protected by law, and their behavior is manifested as freedom of will and behavior. Obligations are the restrictions on the will and behavior required by law, as well as the payment of interests. Rights and obligations are the unique mechanism of legal adjustment, the most obvious symbol of the difference between legal behavior and moral behavior, and the core of the content of law and legal relations. Generally speaking, the object of legal relationship refers to the object of rights and obligations between the subjects of legal relationship. It is one of the elements of legal relationship. The object of legal relationship is the legal form of certain interests. Any external object, once it bears some interest value, may become the object of legal relationship. The purpose of establishing a legal relationship is always to protect certain interests, obtain certain interests, or distribute or transfer certain interests (for relevant contents, see Section II "Value of Law" of this chapter). Therefore, in essence, the interest carried by the object itself is the intermediary between legal rights and legal obligations. These interests can be divided into material interests and spiritual interests, tangible interests and intangible interests, direct interests and indirect interests (potential interests); From the perspective of the subject of enjoyment, interests can be divided into national interests, social interests and personal interests, etc. Classification of civil legal relations 1. According to whether or not it has direct property interests, civil legal relations can be divided into property legal relations and personal legal relations. The property legal relationship refers to the civil legal relationship with property content directly related to property. Personal relationship refers to the civil legal relationship that is inseparable from the subject and does not directly have property content. 2. According to the scope of the subject of obligation, civil legal relations can be divided into absolute legal relations and relative legal relations. Absolute legal relationship refers to the civil legal relationship in which the subject of obligation is not specific and everyone except the obligee is the obligor. Relative legal relationship refers to the civil legal relationship in which the subject of obligation is a specific person. 3. According to the complexity of the content, civil legal relations can be divided into single civil legal relations and composite civil legal relations. A single civil legal relationship refers to a civil legal relationship with only one set of corresponding rights and obligations. Compound civil legal relationship refers to the civil legal relationship between two or more groups of corresponding rights and obligations. 4. According to the characteristics of formation and realization, civil legal relations can be divided into right civil legal relations and protective civil legal relations. Right civil legal relations refer to civil legal relations formed by civil subjects according to their legal acts and can be realized normally. Protective civil legal relations refer to civil legal relations arising from illegal acts. Do you understand this explanation?

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