The legal duty is ... Legal rights and obligations

A legal obligation is a measure of due behavior, which is established by normative documents. This rule can be proclaimed both for the purpose of obtaining personal benefits, and for securing state interests. In any case, the concept takes quite a significant place in jurisprudence. Therefore, all its elements must be known in order to avoid getting into a difficult situation in the future.

About the characteristic features

The main features, thanks to which it is possible to distinguish the duties of a law firm or an individual, is the need for behavior. There is no obligation without a rule, which dictates a certain rule. Otherwise, the legislator has no reason to demand from you to lead this way, and not otherwise.

The need for interpretation is understood not as a rule, which can independently, without influence and application of forces of someone, occur, but must, which is based on legally justified requirements. The subject of legal relations has no choice.

Here it is easy to draw a parallel with the powers that are also in a rather large volume given to the citizens of the state. The law is permissible behavior, and the legal duty is due actions. In this situation, there is a sign of the future, since the type of norms under consideration extends exclusively to the behavior that has not yet turned into real actions.

Content of legal relations related to the duty

Any rule that establishes the rule of behavior, acts only on a certain type of legal relationship. For example, when studying at a military high school, cadets are required to comply with its Charter, while the standards of the above-mentioned normative document are not applied to students of a civil educational institution. The legal duty in the legal relationship is the ability to determine the exact boundaries of the behavior of a person or group of citizens. Outside of them, a person is free to solve all the issues independently. The problem is only that in almost all legal branches there are mandatory norms: somewhere there are more, and somewhere they are practically absent.

Aims and Meaning of Responsibility

Legal rights and duties, the differences of which are visible to the naked eye, bear a certain significance. And it is useful not only for the legislator and the state, but also for other persons participating in the legal relationship. Moreover, in many situations, a person who adheres to a certain behavior can gain enough benefits for himself.

This element of jurisprudence can be easily investigated in Soviet legislation. A vivid example is the need to perform administrative, labor and other tasks that have been of immense benefit to the entire people of the USSR.

At the same time, it is important to note that, within the bounds of a binding legal relationship, the behavior of a citizen, first of all, is drawn to the benefit of an authorized person. In the role of the latter, the state in the person of its bodies practically always acts. Of course, this is not about personal interests, but about meeting the needs of the people and society. Proceeding from all above-stated, it is possible to draw a conclusion that the rights are intended for satisfaction of interests of the separate citizen, and duties - for a society and the state.

Possibilities of the legislator

A legal obligation is a measure that must be supported by certain actions of state bodies for its non-compliance or violation. Otherwise, the legal norm is "dead" and does not bear any significance.

The possibility of influencing a person who violated the clause or clause of the law was granted to the authorized state person. In Russia, there is a coercive apparatus, namely, in the event that any person fails to perform the proper conduct, the first person can seek assistance from the competent authorities for the application of coercive measures. This phenomenon is called "sanction", which in any case is assigned to the duty.

Let us turn to the features

The legal obligation is a phenomenon unconditional, categorical in relation to the public. The established rule of conduct is strict and imperiously attributed. It is based on an imperative method of regulating social relations. The person is not only obliged to behave properly, he is prohibited from evading the implementation of the proclaimed legal norm.

"Duty" as a legal phenomenon

Quite often in the legislation you can find the words "should", "responsibility", "must" and so on. At the same time, they can mean a proper rule of conduct, not in a legal sense, but in a moral or ethical one. For example, if a citizen wishes to avoid trouble when concluding a contract, he must comply with his points. In this situation, a legal obligation is a measure provided for by the contract itself. In order for the word "should" to be used in the normative sense, it is necessary to consolidate it in legally significant documents.

About types and classifications

The duties of legal entities and individual entrepreneurs, as well as citizens, are subdivided into species that are combined in the classification. For example, for individuals, a passive type of proper behavior with respect to property rights is important. While the IP and the jur. Persons are more interested in fulfilling duties under concluded contracts.

An active type of legal relationship presupposes a more significant value of due behavior. So, in civil-law, labor relations the employer is obliged to regularly pay wages, since the existence of an individual in modern society depends entirely on money resources. All the positive actions of the obligation lead to some degree of satisfaction of the interests of society. In protective legal relations, duties play a special role, since they constitute the essence of all the work activities of employees to ensure the safety of employees, staff, guests and other persons.