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Legal facts as requirements for establishing of subjective rights

Publication at Faculty of Law |
2013

Abstract

Subjective rights arose from legal fact or directly from a statute. When they arose from a statute they are mostly absolute subjective rights.

In between legal facts we distinguish legal or illegal acts (both are dependent on will and intellect), and legal situations or unlawful situations (both are independent on will and intellect). Further, we can systematically divide substantial/procedural or private/public legal acts etc.

Also in the domain of unlawful situations the author distinguishes private and public level – private wrongs (liability for damages, defects or default) and public wrongs (crimes, offences, disciplinary offences and other administrative offences). In general, unlawful situations are an unlawful result of infliction of forces that are independent on our will or intellect.

Thus, the concept of unlawful situations is closely connected with no-fault liability (liability for a result). In the final section, the author deals with legal situations, particularly with limitation, preclusion and prescription.