What Is An Event As A Legal Fact

What Is An Event As A Legal Fact
What Is An Event As A Legal Fact

Video: What Is An Event As A Legal Fact

Video: What Is An Event As A Legal Fact
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Some phenomena of reality that occur independently of the will of a person can serve as prerequisites for the emergence of a change or termination of legal legal relations. These phenomena relate to the concept of a legal fact, namely, to its variety - an event.

Material and humanitarian aid to flood victims
Material and humanitarian aid to flood victims

A legal fact is a concrete life circumstance enshrined in the hypotheses of the norms of law, the occurrence of which entails legal consequences in the form of the emergence, change or termination of legal relations.

The main criteria for the classification of legal facts are considered to be the nature of the legal consequences and the will of the participants in legal relations.

Phenomena subject to the will of a person are called actions, and events that arise apart from the will and consciousness of a person are legally significant facts.

Both actions and events, legal facts can lead to different consequences, in this regard, they are classified into: law-forming (the right to material assistance to victims of the flood), law-changing (change in tuition fees with the onset of a new school year), terminating (death of a spouse leads to the dissolution of the marriage), confirming, restorative and legal obstacles.

Events are divided into absolute and relative.

The absolute events include natural disasters (earthquakes, floods, etc.) and other natural phenomena (the formation of faults, landslides, a meteorite fall, etc.).

In turn, relative events arise at the will of the subjects, but develop independently of their will. For example, the death of a murdered person is a relative event, since the event itself (death) arose as a result of the volitional actions of the killer, but at the same time this event was the result of pathological changes in the victim's body, no longer dependent on the will of the killer.

In civil law relations, the differentiation of events into absolute and relative is important. So, if the cause of the consequences is a relative event, then it is always determined whether the resulting consequences are in a causal relationship with a person's action.

Timing as legal facts can also be attributed to relative events. The onset or expiration of a term automatically forms, changes or terminates civil rights and obligations and gives rise to civil consequences. For example, the expiration of the period of acquisitive limitation will become the reason for obtaining ownership of someone else's thing, and the delay in fulfilling the obligation will lead to the imposition of responsibility on the debtor or creditor.

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