Civil law. Parts I, III and IV. Grounds for the emergence, change and termination of civil legal relations (the most important)

Lecture notes, cheat sheets
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Civil law. Parts I, III and IV. Grounds for the emergence, change and termination of civil legal relations (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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6. GROUNDS FOR ORIGIN, AMENDMENT AND TERMINATION OF CIVIL LEGAL RELATIONSHIPS

Grounds for the emergence, change and termination of civil legal relations - legal facts.

Legal facts - the circumstances with which the law connects the onset of legal consequences. Since legal facts underlie civil legal relations and entail their establishment, change or termination, they are called the grounds for civil legal relations.

Types of legal facts. Depending on the presence or absence of the will of the subjects, facts are divided into events (circumstances that occur independently of the will of a person, including circumstances that arose at his will, but got out of his control - an accident, fire, etc.) and activity (circumstances that occur at the will of a person). Depending on the compliance of actions with the law, actions are divided into legitimate и illegal; lawful actions are divided into legal acts (transactions, administrative acts, court decisions) and legal acts (find, treasure). Depending on the nature of the consequences generated by legal facts, the latter are divided into law-generating, law-changing, law-restoring. Depending on the period of their existence, legal facts are divided into short-term и lasting (facts - states). The latter can be both events and actions.

Grounds for the emergence of civil rights and obligations: transactions that do not contradict the law; administrative acts provided for by law, including state registration of rights to property; court decisions establishing legal relations; creation of a product of intellectual activity; acquisition of property legally; unjust enrichment; causing harm to another person; other actions of citizens and legal entities; statutory events.

The grounds for civil legal relations may be other legal facts that are not directly provided for by law, but do not contradict its general principles and meaning.

In addition, there is such a concept as legal composition, which describe complex legal facts.

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