Open AccessLegal facts in civil law
Author(s) -
Aleksandr N. Shpagonov,
Pavel Zenovievich Ivanishin,
Olga M. Rodionova,
Gregory Vyacheslavovich Kolodub
Publication year - 2020
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-622020206extra-c652p.276-281
Subject(s) - law , political science , conjunction (astronomy) , civil law (civil law) , legal realism , legal opinion , empirical legal studies , voting , legal research , legal profession , law and economics , sociology , public law , private law , black letter law , physics , astronomy , politics
The proposed article provides a comprehensive examination of such a scientific concept of civil law as a "legal fact”. The science of civil law has a quite stable idea about legal facts, their structure, and types. At the same time, it should be stipulated that some of the circumstances determined by law do not become independent legal acts but act as their integral part, such as, for example, voting by an authorized person in the framework of a decision by a collective body of a legal entity, an offer and an acceptance concluding a contract, etc. Similar considerations have already been expressed but remained unaccepted in science, as they do not correspond to the understanding of a legal fact as an integral circumstance that entails the emergence, change or termination of civil rights and obligations. Independent legal facts can entail legal consequences both in themselves and in conjunction with other circumstances, forming a legal structure. The law also mentions such events and actions that give rise to rights and obligations exclusively in conjunction with other circumstances.