Legal ratio is legal, willful and material content.Recently (also called fact) include the right of mediated social relations.Volitional content is related to the expression of the state of his will, which finds expression in the different legal norms.What is the legal content?This subjective responsibilities and rights of the parties.
objective and subjective right
objective rules - a set of binding rules that provided for violation of sanctions.Subjective right - this is nothing, as legally possible behavior of individuals.Objective rules - rules and subjective - enshrined in their possibilities.
subjective rights
Regulatory Framework - a legal rights, as well as subjective responsibilities.This regulation just that different from any other (for example, moral).In itself, it is unique and specific.
subjective rights in legal science is often understood as a measure, as well as the kind of conduct which is lawful, and to ensure the person relevant laws.Legal obligations are directly related to the measures required behavior.
subjective rights based on the opportunities provided, the basis of legal obligations is the need, which is enshrined in law.Authorised - a media opportunity pravoobyazanny - media duties.Of course, the difference between their positions is huge.
subjective rights has a structure consisting of individual elements.Most often, it is isolated four of these components:
- the possibility of a positive behavior that has empowered (ie, it has the ability to perform independent actions);
- affordability make pravoobyazannyh persons to perform certain actions;
- to take advantage of state.duress pravoobyazannoe if a person refuses to comply with any legal requirements;
- the ability to use right on the basis of certain social benefits.
From the above it can be concluded that the subjective right to be right-requirement-right behavior, the right-use, and the right-claim.
Any of these possibilities could come to the fore.Everything depends on the stage of realization of the rights.In general, we note that in the aggregate they serve to satisfy any interest authorized persons.
for subjective rights is characterized by the measure of behavior, which is provided not only by law but also duties to other individuals.In general, without the obligation of others this right turns into the most ordinary permissibility (permission is everything that is not prohibited by the law).
Such permissions, abound.But do not forget that the walk through the park to the subjective right has nothing to do.
subjective rights consist of the fractional parts.Each of them, in this case called competences.In every branch of law to define them differently.As an example, we can say that ownership consists of three powers.It's about possession, use and possession of any property.Other rights may be more or less.Maybe a lot of them.For example, the right to freedom of expression includes the ability of people to hold pickets, rallies, meetings, publish their works in the press, appear on television, broadcast radio, exercise criticism (even the current government) and so on.Competences in this case a lot.It is necessary to take into account the fact that in certain cases there may be new powers, and some changes are simply unacceptable.
