2008-02-17 16:02:55跟著牧羊人

legal relation

Each legal relation is relationship regulated by law between person and person. The characteristic of the legal relations is they are created by law. Larenz called it a “legal bonds between peoples”. They are summed up from some of real live. It was thought that the concept of legal relationship is a relation in the regulated world, and it is not meeting with the real world perfectly.
The nature of legal relationship has something with the freedom made by individuals.
Legal relation is created by the legal institution granting certain people a possibility--- a free space without intervention by others.
The essence of legal relation is to draw a territory within which the idea of individual can dominate. It’s called his right, which is the element of fact of legal relation. So the nature of legal relation is right. The legal form adopted by this element of fact is the element of form of legal relation, the form of legal relation is the form of right.
Right must not be a tool that may be or may not be needed. Civil law is the product opposing against nation. The nature of civil regulation is to assure the independent merit of civil person. The effective way to impose responsibility upon individual is to grand a right to the other people.
In the scope of right, only the person of right can make a decision with legal effect. The freedom by legal relation creates an active freedom connected with the decision made by individual. Civil law through legal relation contains authorization by which individual can make decision freely and internalize the mechanism to bring about freedom.