Legal relationship

Source: Wikipedia, the free encyclopedia.

A legal relationship, jural relationship, or legal relation is a connection between two persons or other entities that is governed by

rights and obligations. Examples of legal relationships include contracts,[2] marriage, and citizenship.[3] As with other fundamental legal concepts, many different ways of defining and classifying legal relationships have been put forward.[4]

Significance

Being able to enter into legal relations is a defining characteristic of legal

Carl von Savigny.[7]

Types

In the

Institutes of Justinian to define an obligation as "a legal bond, with which we are bound by a necessity of performing some act according to the laws of our state."[8] The metaphor of the "legal bond", also translated as "legal shackle" or "legal chain", remains fundamental to the law of obligations.[9]

In common law jurisdictions, to create a contractual relationship, three elements are necessary: offer and acceptance, consideration and the intention to create legal relations. Because of this third requirement, an agreement may be unenforceable if a court believes that reasonable people would not have intended it to be legally binding, such as is often the case in social arrangements and domestic arrangements.[10]

Theories

In the 19th century, the influential

inheritance, and family law.[11] Savigny thus included legal relations between persons and things, but did not consider the relations between persons and governments to be legal relations. Under Savigny's system, the question of choice of law became a question of which country was the seat of the relevant legal relationship (Sitz des Rechtsverhältnisses).[12][13]

Savigny's legal theory, of which the theory of legal relations was a part, influenced not only the Continental legal tradition but British and American legal thought as well.[14] Theories of legal relations, however, did not develop in English-speaking legal systems until the 20th century.[15]

German jurist Gustav Radbruch, writing in 1903, considered the correlative relationship between right and duty to be the "abstract legal relationship".[16] In Radbruch's approach, a lowest-order legal relationship is, for example, a seller's right to the purchase price correlated to the buyer's duty to pay that price.[17] The buyer's right to the goods and the seller's duty to deliver them complete these low-order legal relationships into the composite legal relationship of the sales contract, which in turn is included in the highest-level legal relationship of private law.[18]

Working in the

Marxist legal tradition, Soviet legal scholar Evgeny Pashukanis described capitalist society as "an endless chain of legal relationships."[19] He rejected the idea of legal relationships being derived from law, arguing instead that legal relationships were derived from economic relationships, and that even public law ultimately derived its structure from economic relationships.[19][20] Pashukanis contended that because legal relations arose from bourgeois capitalist material relations, it would be necessary to maintain them for some time under the New Economic Policy, but they would ultimately be replaced by the non-law of socialism.[21] This position was influential in the 1920s but led to his condemnation in the Stalinist purge of 1937.[22]

Hohfeldian analysis

A systematic theory of legal relations was put forward by the US legal scholar

immunity and disability.[25]

In each case, one person has the first position and another person has the second position.

mitigate damages, the defendant gains a privilege not to pay those additional damages, and the plaintiff correspondingly has no claim to such damages.[26]

Likewise, someone with a power can change a legal relation of someone else, who has a liability. Someone with an immunity cannot have a given legal relation changed by someone else, and that second person has a disability.[25]

Although originally intended to describe legal relations in private law, Hohfeld's framework has been extended to constitutional law, notably by the German scholar Robert Alexy.[27]

Bibliography

  • Hart, H.L.A., 1961, The Concept of Law, chapter 3, Oxford: Clarendon Press.
  • Kelly, J.M. (1992). A Short History of Western Legal Theory. Oxford University Press.
    ISBN 978-0-19-876244-7
    .
  • Weber, Max (1964). The Theory of Social and Economic Organization (Edited with Introduction by Talcott Parsons – Translated in English by A. M. Henderson). The Free Press of Glencoe. ASIN B-000-LRHAX-2.
  • Marmor, Andrei (1934). "The Pure Theory of Law". Stanford Encyclopedia of Philosophy. Retrieved 9 February 2007.

References

  1. ^ Garner, Bryan, ed. (2004). Black's Law Dictionary (8th ed.). p. 2625.
  2. JSTOR 786706
    . Retrieved 2022-06-24.
  3. ISBN 9780230307391
    . Defined narrowly, citizenship concerns the legal relation between an individual and a state, enshrined in domestic law.
  4. JSTOR 1111982
    . An inspection of the literature, and it is abundant, which attempts in one way and another to provide an understandable definition of jural relation, is likely to evoke the opinion expressed by Jhering in a similar connection-that the pursuit is a trading of silver dollars for paper dollars.
  5. S2CID 146162407
    .
  6. ^ a b Gindis 2016, p. 504.
  7. ISBN 9780198844037
    .
  8. ^ J.B.M. (1890). "OBLIGATIONES". In Smith, William; Wayte, William; Marindin, G.E. (eds.). A Dictionary of Greek and Roman Antiquities.
  9. ISBN 9781135342111
    .
  10. ^ "Promises of Silence: Contract Law and Freedom of Speech". Cornell Law Review. 82 (2). at "3. Lack of Objective Intent to Make a Legally Binding Contract" and footnote 97. 1998.
  11. ^ Savigny, Friedrich Carl von (1849). System des heutigen Römischen Rechts (in German). Vol. 8. § 345. Retrieved 2022-06-25.
  12. ^ Savigny 1849, § 361.
  13. JSTOR 24311926
    .
  14. ^ Kurki 2019, p. 49 n.92.
  15. ^ Kocourek 1920, p. 395.
  16. ^ Radbruch, Gustav (1903). Der Handlungsbegriff in seiner Bedeutung für das Strafrechtssystem: Zugleich ein Beitrag zur Lehrer von der rechtswissenschaftlichen Systematik (in German). J. Guttentag.
  17. ^ Radbruch 1903, p. 51.
  18. ^ Radbruch 1903, pp. 51–52.
  19. ^ a b Pashukanis, Evgeny (1924). "CHAPTER III: Relationship and the Norm". General Theory of Law and Marxism. Translated by Peter B. Maggs. Retrieved 2022-06-27.
  20. ISBN 9781844720231
    .
  21. JSTOR 442333
    .
  22. ^ Bodenheimer 1949, p. 51.
  23. JSTOR 785533
    .
  24. S2CID 255072108
    .
  25. ^
    JSTOR 42893752
    .
  26. ^ Nyquist 2002, p. 247.
  27. ISBN 9781402055959
    .
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