The ssubjects of law They are those who have the capacity to have rights and obligations. According to legal doctrine, it is equivalent to the concept of person. As a person, it is understood the human being or the entity to which the legal system recognizes the capacity to be the holder of rights and obligations..
As a subject of law, the human being has subjective rights, duties and obligations. At this point it is important to highlight that human beings are not the only ones who can be considered a subject of law. The origin of the definition of person, closely linked to the subject of law, comes from the Latin of the verb person, what does it mean to resonate.
The concept "person" referred to a mask that the artists used in their characterization and that varied the sound of their voice. In law, person and human being are not equated; consequently, the subject of law and the human being are not identifiable either.
There are legal requirements to be considered a person by law. Only when an entity acquires legal capacity or legal personality, can it have rights and obligations.
People and subjects of law have legal capacity, which consists of the ability to access rights and acquire obligations or duties on their own. This legal capacity has two aspects:
Refers to the ability to acquire rights.
Refers to the power to personally exercise those rights.
They are individual human beings with the capacity to acquire rights and obligations. They are also called natural or physical persons.
It is essential to establish that all natural persons (natural persons) are human beings. That is, humans from birth are subjects of law; it is your prerogative.
They are those that are defined as legal persons. They are made up of a group of people.
Legal persons are also called legal persons. They are entities made up of natural persons and are considered subjects of law.
Both natural and legal persons have rights protected by law. Logically they also have obligations that they cannot ignore, because if they cannot be sanctioned according to the applicable laws.
They are the holders of rights enforceable before third parties. That is, they can claim a certain behavior or conduct from another. An example of an active subject is the creditor.
They are the holders of the obligations. That is, those who have a duty to behave, either voluntarily or forcibly. Example of taxable person is the debtor.
All subjects, passive or active, collective or natural, make their rights and obligations effective directly or through a representative.
An object of law is a certain action that the subject bound by the legal norm must comply with against the owner of a right. Consequently, the subject of law has the power to claim this conduct.
Individual human actions or benefits, as well as specific manifestations, may be the subject of law. Any material or immaterial entity over which the right is exercised is subject to law.
In general, the following are legal entities:
All goods are things, but not all things are goods. Goods are useful things to man and susceptible to be owned by someone.
Therefore, in order to be considered goods, things must have a double characteristic:
Property is important as an object of law and the law does not treat all property equally, since there are differences between them. According to the characteristics of the goods, they have been grouped into different categories:
They are those goods that can be transported.
Real estates are those that cannot be moved from one place to another.
Both the subject and the object of law are components of the legal relationship, but they are not assimilable because they have different entities and different functions..
The subject of law is the one who has the rights or obligations that are the object of the legal relationship. Unlike the object of law, the subject can be an entity or a natural person.
On the contrary, the object of law is what is not the subject of law; therefore, it can be property and can be material (car, house, clothing) or immaterial (intellectual property). It is on the object of law that the full legal relationship falls.
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