What are legal relationships?

What Does Legal Relations Mean

We explain what legal relationships are, their elements, types and other characteristics. In addition, the tax legal relationship.

Legal relationships are the result of legal agreements, such as contracts.

What are legal relationships?

Legal relationships are called the legal bond between two or more legal subjects , according to which it is possible that one of them requires the other to comply with certain terms agreed or established in the Law . It can also be seen as the legal correlate of social relations , that is, the legal regulation that controls them and gives them legal existence.

The parties involved in a legal relationship are generally linked from an active or power position, and a passive or duty position, since the law establishes the existence of duties and rights, always within a common regulatory framework. to the whole society . Said obligations can be reciprocal as well, as in the case of a sale and purchase.

For this reason, legal relationships are the result of mandatory sources , that is, contracts or similar agreements before the law that are capable of promoting a mandatory condition, although it also does the crime , for example.

See also: Human relations

Characteristics of legal relationships

The main feature of legal relationships is that they take place between subjects , never between subjects and objects (as is the case with de facto relationships).

There are even those who consider them just another name for the normative assumption of the law itself, that is, for the law itself, which obliges legal subjects to fulfill their duties while protecting their rights. From the point of view of the holder or subject, legal relationships are now called subjective rights , and can therefore be of two types: political and civil .

On the other hand, legal relations can be of two types: public or private , depending on their purpose, in the same way that private law can be commonly distinguished from public law .

Elements of legal relationships

Legal relationships operate based on four basic or fundamental elements, which are:

  • The creditor or active subject. Who has the right to demand the fulfillment of an obligation, whether of payment or of another nature.
  • The debtor or taxpayer. Who is the person obliged by law to comply with a prior agreement or act in a certain way.
  • The performance object. What is a legally regulated action, such as giving something in possession, giving something in property, doing or not doing, etc.
  • The legal link or attribution link. The same enshrined in the Law and that allows the creditor to demand from the debtor the fulfillment of a specific action.

Types of legal relationships

Legal-real relations imply, for example, respect for private property.

According to its content, a general distinction is made between four types of legal relationships:

  • Mandatory relationships. Those in which you deprive yourself of the duty to comply with the rights of other subject (s), such as the return of a loan to the bank .
  • Legal-real relations. Those that indicate the right of the owner to dispose of his property in the way he sees fit, such as the right to sell or rent.
  • Family relationships. Those that seek to guarantee the rights of the family institution, such as the right to food .
  • Hereditary or inheritance relationships. Those that concern the successors of a deceased person, such as the fulfillment of wills.

Legal relationship and legal bond

The fundamental difference between a legal relationship and a legal bond in many cases lies in the tradition of legal interpretation that is preferred . In some cases, the legal relationship is established as what binds creditor and debtor, which comes from Roman law as Justinian or considered:

" Obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei secundum nostrae civilitatis iura " ("Obligation is a bond of law, by which we are constrained with the need to pay something according to the laws of our city ").

On the other hand, other authors prefer to think of the legal bond as an independent element of the subjects , placed at the same level. As will be seen, it is a rather semantic distinction.

Tax legal relationship

This type of legal relationship is understood as the one that exists between the treasury, acting as an active subject, and those taxpayers of society that, by law, are designated as taxpayers, and that allows the first to demand tribute from them, or that is, the payment of the corresponding taxes .

In this sense, it is a legal relationship that arose between the State and taxpayers , based on the rules that regulate the fiscal participation of citizens , imposing positive and negative obligations, as well as rights.

Continue with: Fiscal or tax law

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