Legal Subjects, Duties, Permissions, and Rights: Key Concepts
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Legal Subjects
- Natural and Legal Persons: Legal rules impose duties and assign competences and rights to legal subjects, typically human beings.
- Public Law: Natural persons are protected by human rights.
- Private Law: Legal subjects can have rights (e.g., property) and perform juridical acts.
Addressees of a Duty
Duties guide behavior and are always addressed to one or more agents.
Content of a Duty
Every duty indicates what the addressee is supposed to do, including acting or abstaining from acting.
Implicit Permission
Implicit permission is the absence of a prohibition.
Explicit Permissions
Explicit permissions make exceptions to prohibitions and must be stated explicitly.
Permission vs. Competence
- Permission: What a person is allowed to do.
- Competence: What is possible; a precondition for creating legal effects through juridical acts.
Claims and Obligations
- Claims: Rights corresponding to an obligation.
- Legal Obligations: Result from events to which the law attaches an obligation.
Rights Regarding an Object
Rights regarding objects are relations between the right holder and the object (e.g., ownership).