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Subject: a natural person (citizen, foreigner, stateless person) or legal person (an organization with legal personality that can independently enjoy rights or assume obligations in its own name) (the subject of a legal relationship also has a limit on his or her qualifications to participate in a legal relationship, which is called the capacity for rights or responsibility).
It is different from and related to the object of rights, and is a legal form of certain interests.
The main categories of objects: objects, behaviors, intellectual achievements, and personal interests.
Content. The concept of rights and obligations.
In essence, a right refers to an interest protected by law; From the perspective of the mode of conduct, it is manifested in the requirement of how the counterpart of the right can behave, how it must behave or how it must not behave in order to behave in the form of a right counterpart. Obligation refers to a certain responsibility that people must fulfill, which is expressed in the form of what must be done and what must not be done.
In the state of legal adjustment, rights are interests protected by law, and their behavior is expressed in the form of freedom of will and action. Obligations are the limits of will and behavior required by law, as well as the giving of benefits.
Rights and obligations are the unique mechanism of legal adjustment, the most obvious sign that distinguishes legal acts from moral acts, and the core of the content of law and legal relations.
Classification of rights and obligations.
Basic rights and obligations are different from ordinary rights and obligations (according to the importance of the social content embodied by rights and obligations, that is, their status, function and social value in the system of rights and obligations).
General rights and obligations versus special rights and obligations (depending on the scope of application of rights and obligations).
The interrelationship of rights and obligations.
From the perspective of different stages of human development, rights and obligations have had a detached relationship in the course of history.
From the perspective of logical structure, rights and obligations are opposites and unity.
From the perspective of overall quantity, rights and obligations have a quantitative equivalence relationship.
From the perspective of value function, rights and obligations have a complementary relationship.
From the perspective of the operation of the law, there is a restrictive relationship between rights and obligations.
From the perspective of the value orientation of legal adjustment, rights and obligations have a master-slave relationship. As far as the whole legal relationship is concerned, rights and obligations are unified, rights are in the dominant position, rights are the end, obligations are the means, and the creation of obligations takes the protection and realization of rights as the starting point and the end point.
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Legal relations refer to social relations with legal rights and obligations formed by legal norms in the process of adjusting people's behaviors. Subjective forms of real social relations.
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1. According to whether or not they have a direct property interest, they can be divided into property legal relations and personal legal relations.
Property legal relationship refers to a civil legal relationship with property content that is directly related to property. Personal relationship refers to a 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 obligations, it can be divided into absolute legal relations and relative legal relations.
Absolute legal relationship refers to a civil legal relationship in which the subject of the obligation is not specified, and everyone other than the right holder is the obligor. Relative legal relationship refers to a civil legal relationship in which the subject of obligation is a specific person.
3. According to the complexity of the content, it can be divided into a single civil legal relationship and a compound civil legal relationship.
A single civil legal relationship refers to a civil legal relationship that has only one set of corresponding rights and obligations. Compound civil legal relationship refers to the civil legal relationship of two or more sets of corresponding rights and obligations.
4. According to the characteristics of formation and realization, it can be divided into rights-based civil legal relations and protective civil legal relations.
"Rights-based civil legal relations" refers to civil legal relationships that can be normally realized by civil subjects formed in accordance with their lawful acts. Protective civil legal relations refer to civil legal relationships that arise as a result of illegal acts.
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Legal relations such as: civil law relations, administrative law relations, economic law relations.
There are three elements of legal relationship: subject, object and content.
Three main subjects: natural person, organization, state.
The subject qualifications of legal relations include the capacity for rights and capacity.
Persons with full capacity for civil conduct, over 18 years old.
Persons with limited capacity for civil conduct, over 8 years old.
Persons with no capacity for civil conduct, under the age of 8.
A person who has already reached the age of 16 shall bear criminal responsibility for committing a crime.
Where criminal punishment is not given to those under the age of 16, their parents or guardians are to be ordered to discipline them.
Where a person who has reached the age of 14 but is not yet 18 years old commits a crime, the punishment shall be mitigated or commuted if they are 75 years of age or older.
The content of the legal relationship refers to the rights and obligations enjoyed by the subjects of the legal relationship.
Objects of legal relations: things, immaterial wealth, personal personality, behavior.
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1 A legal relationship is a social relationship premised on legal norms.
Legal relations are social relations established due to the existence of legal norms, and without the existence of legal norms, it is impossible to form corresponding legal relations. The relationship between legal relations and legal norms can be understood from two aspects: on the one hand, legal norms are the premise for the existence of legal relations, and legal relations cannot arise without the existence of corresponding legal norms.
On the other hand, any kind of legal norm can only be realized in the context of specific legal relations. Legal norms only stipulate the norms of people's behavior and the corresponding legal consequences, and they are aimed at a class of people, so they are of general applicability. It is only when people behave in accordance with legal norms, or when they conform to certain legal facts, that a relationship of rights and obligations between individuals is formed.
2. Legal relations are social relations with rights and obligations as their content.
The important difference between legal relations and other social relations is that it is a legalized relationship of rights and obligations, which is a clear and fixed relationship of rights and obligations. Such rights and obligations may be expressly provided for by the law, or they may be agreed upon by the parties themselves within the scope of the law.
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Legal relations refer to social relations that arise in accordance with legal norms and are manifested in the relationship between rights and obligations between subjects. x0a [Legal Relationship vs Social Relationship] Social relationship is a big concept, and legal relationship is a small concept. x0a Not all social relationships are legal, such as friendship and love.
The most important difference between the two is whether it is a clear and specific relationship of rights and obligations.
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Legal norms form social relations in the form of legal rights and obligations formed in the process of adjusting people's behavior. Legal relations are the subjective form of real social relations. In terms of the characteristics of its subjective form, it belongs to the category of superstructure; In terms of its social content, it includes social relations in various fields such as politics, economy, culture, etc.
There are three constituent elements: (1) the subject of legal relationship. (2) The content of the legal relationship.
3) The object of the legal relationship. Legal relations are an important means and means for the ruling class to act on social relations through the will of the state to ensure the interests of the ruling class. A legal relationship has the following characteristics:
1) A legal relationship is a relationship between people that is formed due to the provisions of legal norms. That is to say, legal relations are premised on the existing legal norms, and there are no provisions of legal norms, and the relationship between people is only a general social relationship, not a legal relationship. (2) The legal relationship is the relationship of rights and obligations between people.
That is, the content of the legal relationship is the rights and obligations between people. (3) Legal relations are ideological relations that embody the will of the ruling class. Since legal relations are premised on legal norms, the will of the ruling class is also reflected in legal relations by legal norms.
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The same legal relationship refers to the same creditor's rights and debts.
Examples of the same legal relationship are as follows:
If A helps B transport a batch of goods, and B does not pay freight to A at this time, A can retain B's goods, which means that the movable property in possession (the goods retained) and the creditor's right (payment of freight) are the same legal relationship (transportation relationship).
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According to the number of legal subjects and whether the rights and obligations are consistent - one-way (unilateral) legal relationship, two-way (bilateral) legal relationship and multi-directional (multilateral) legal relationship. 1.A one-way legal relationship means that the obligee only enjoys the rights and the obligor only performs the obligations, and there is no opposite relationship between the two.
A two-way legal relationship refers to the existence of two inseparable one-way rights and obligations between two specific legal subjects, in which the rights of one subject correspond to the obligations of one subject, and vice versa. For example, the buyer-seller relationship is a typical two-way legal relationship. 3.
A multidirectional (multilateral) legal relationship, also known as a "compound legal relationship" or "complex legal relationship", is a composite of three or more related legal relationships.
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The same legal relationship or the same legal relationship, taking lending as an example, the things that arise from a contract are the things that arise from the same legal relationship, if I have a contract with you, I will give you 10 yuan a day, give it today, give it tomorrow, give it the day after tomorrow... All are based on the same legal relationship. If you borrow once a day, one time is a loan contract, and each contract is independent.
Yesterday's contract and today's contract are also different in content, such as interest and repayment dates, and the statute of limitations is also different.
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Legal relations refer to social relations with legal rights and obligations formed in the process of adjusting people's behaviors. Subjective forms of real social relations. In terms of its subjective formal characteristics, it belongs to the category of superstructure, and in terms of its social content, it includes social relations in various fields such as politics, economy, culture, etc.
There are three constituent elements: (1) the subject of legal relationship. (2) The content of the legal relationship. 3) The object of the legal relationship. Legal relations are an important means and way for the ruling class to act on social relations through the will of the state to ensure the interests of the ruling class.
According to different criteria, the types of legal relationships can be divided into: general legal relationships, specific legal relationships; Adjust the legal relationship of Qingluxin and protect the legal relationship; affirmative legal relationship, subordinate legal relationship; Positive legal relationship, negative legal relationship; Simple legal relationships, complex legal relationships; and the legal relationship of the various departmental laws, etc.
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Summary. Hello dear <>
The legal relationships are:1Contractual Relationship.
2.Labor Relations. 3.
Marital relationship. 4.Intellectual Property Relations.
5.Property. 6.
Tortious Relationship. 7.Relationship of criminal responsibility.
What are the legal relationships.
Hello dear <>
The relationship between the law and the law of Wang and Wang is as follows: 1Contractual Relationship.
2.Labor Relations. 3.
Marital relationship. Zhichong 4Intellectual Property Relations.
5.Property. 6.
Tortious Relationship. Mausoleum 7Relationship of criminal responsibility.
Hello dear <>
A contract is a legal relationship between two or more parties, which involves the rights and obligations of two or more parties. The legal relationship between the employer and the employee, including the provisions on wages, working conditions, benefits, etc.
Hello dear <>
Marriage is a legal relationship established between husband and wife, which involves provisions on property, child support, nuclear infiltration, etc. Intellectual property refers to the rights that people have in the creation of knowledge and technology, including patents, trademarks, copyrights, etc.
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Legal relations refer to social relations with legal rights and obligations formed by legal norms in the process of adjusting people's behaviors. Subjective forms of real social relations.
According to different criteria, legal relations can be divided into: vertical legal relations and horizontal legal relations; primary legal relations and secondary legal relations; one-way legal relationships, two-way legal relationships and multi-directional legal relationships; Adjustment and protective legal relationships.
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Legal basis. Article 1 of the Civil Code of the People's Republic of China.
In order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the core socialist values, this law is formulated on the basis of the Constitution.
Article 2 of the Civil Code of the People's Republic of China.
The Civil Code regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.
Article 5 of the Civil Code of the People's Republic of China.
Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.
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