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Legal Relations

A legal relation is a link between persons that is made by a rule of law and protected by the state. It has subjects (the parties), an object (what it is about) and content (the rights and duties). It arises, changes or ends because of legal facts, such as signing a contract, a change of rent, paying a debt or death. Legal capacity is the ability to hold rights and starts at birth. Capability to act is the ability to make deals yourself and grows with age.

๐ŸŽฌ Step-by-step story

  1. A legal relation is a link between two persons made by a rule of law. Both have rights and duties. The state protects the link.
  2. It has three parts: the parties (subjects), the thing it is about (object) and the rights and duties (content). The buyer has a right to the bike. The seller has a duty to hand it over.
  3. There are types. An absolute relation, like ownership, gives a right against everyone. A relative relation, like a sale, gives a right against one named person.
  4. A relation starts, changes or ends because of legal facts. Signing a contract creates it. A new rent changes it. Paying the debt ends it.
  5. Capacity and capability are different. Capacity is the ability to hold rights, from birth. Capability is the ability to act yourself, with age. A child may own a flat, but a parent signs to sell it.
  6. Now you play. Move the age slider and see how capability changes while capacity stays.

Tip: drag the 3D scene to turn it. Use two fingers to zoom.

๐Ÿค” Common doubts, cleared

Is every rule a legal relation?

No. A rule is a norm. A legal relation exists when the norm is applied between actual persons.

Why must a right always have a duty?

Because a right only has meaning if somebody else must do or not do something. The two sides are like a lock and a key.

Is a loan absolute or relative?

Relative: the lender can demand repayment only from the borrower.

Can a legal fact be an accident, not a choice?

Yes. Events like birth, death or the passing of time are legal facts even though nobody chose them.

Does a company have capacity and capability?

Yes, from registration until closing. It acts through its managers.

Are the age limits in the 3D the same everywhere?

No. They are example bands. Check the rules of your own country.

Features and types of legal relations

A legal relation is a social relation that is regulated by a rule of law. Its features:

Types (by different questions):

Subjects, objects and content

Subjects are the parties: natural persons (human beings), legal persons (companies, schools) and sometimes the state or a local authority.

The object is what the relation is about: things (a bike, a flat), money, services (a repair), results of creative work (a song) and personal non-property goods (name, honour).

The content has two sides. The subjective right is what a party may do or demand. The legal duty is what the other must do or not do. They always come in pairs: the buyer's right to the bike is the seller's duty to hand it over.

Legal facts

A legal fact is a real-life circumstance that the law links with the arising, change or end of a legal relation.

Sometimes one fact is not enough. The "legal composition" is a set of facts together, for example for inheritance: a death + a will + the heir accepting.

Legal capacity and capability

Legal capacity is the ability to have rights and duties. A natural person has it from birth until death (a baby can own property by inheritance). A legal person has it from registration until it is closed.

Capability (capacity to act) is the ability to use rights and take on duties by your own actions, for example to sign a contract. It depends on age and mental condition. A common pattern (the exact ages vary by country): children below about 6 act through their parents; children from about 6 to 13 can make small everyday deals; teenagers from about 14 to 17 have a limited capability and need parental consent for bigger deals; at 18 a person has full capability (sometimes earlier by marriage or work). A court can limit the capability of a person with a serious mental illness.

There is also delictual capability: the ability to answer for harm you cause.

Key formulas and definitions

Worked examples

1. Anu sells her bicycle to Ravi for โ‚น5000. Name subjects, object and content.

Subjects: Anu (seller) and Ravi (buyer). Object: the bicycle (and the money). Content: Ravi's right to get the bike and Anu's duty to hand it over; Anu's right to โ‚น5000 and Ravi's duty to pay.

2. Is a death a legal fact? Is signing a contract?

Both are legal facts. A death is an <em>event</em> (not by will). Signing a contract is a lawful <em>action</em> (by will).

3. A 10-year-old inherits a flat. Does she have capacity? Capability?

Capacity: yes, from birth, so she can be the owner. Capability: limited at that age, so her parents or guardians act for her, for example to sell or rent.

Common mistakes

Practice quiz

1. The thing a legal relation is about is its
2. Legal capacity of a human begins
3. Which is a legal EVENT?
4. Ownership is an example of
5. Capability to act usually

Practice: answer these yourself

Type or choose your answer, then press Check. Use a hint if you are stuck; the full solution appears after you answer.

Frequently asked questions

What is the difference between legal capacity and capability?

Capacity is the ability to have rights and duties and a person has it from birth. Capability is the ability to use them by your own actions, such as signing a contract, which depends on age and mental condition.

Give examples of legal facts.

Actions: signing a contract, causing harm. Events: birth, death, passing of time.

Can a company be a subject of a legal relation?

Yes. Companies and other organisations are legal persons and can have rights and duties.

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