The s subjects of the right are those that have the capacity to have rights and obligations. According to legal doctrine, it is equivalent to the concept of person. As a person is understood the human being or the entity to which the legal system recognizes the capacity to be the holder of rights and obligations.
As a subject of law, the human being has subjective rights, d eberes and obligations. At this point it is important to emphasize that the human being is not the only one that can be considered a subject of law. The origin of the definition of person, closely linked to the subject of law, comes from the Latin of the verb persono , which means to resonate.
The concept"person"referred to a mask used by artists in their characterization and that varied the sound of their voice. In law, people and human beings are not equated; consequently, the subject of law and the human being are not identifiable either.
There are legal requirements to be considered a person by law. Only when an entity acquires legal capacity or legal personality can it have rights and obligations.
- 1 Juridical capacity
- 1.1 Enjoyment capacity
- 1.2 Ability to act or exercise
- 2 Types
- 2.1 According to the number of people
- 2.2 According to the ownership of the rights
- 3 Entities that can be the object of right
- 3.1 What are considered goods?
- 4 Difference between subject and object of law.
- 5 References
People and subjects of law have legal capacity, which consists of the ability to access rights and acquire obligations or duties by itself. This legal capacity has two aspects:
It refers to the ability to acquire rights.
Ability to act or exercise
It refers to the power to personally exercise those rights.
According to the number of people
Subjects of individual rights
They are individual human beings with the capacity to acquire rights and obligations. They are also called natural or physical persons .
It is essential to establish that all natural persons (natural persons) are human beings. That is, humans since they are born are subjects of law; It is your prerogative.
Subjects of collective rights
They are those that are defined as legal persons. They are made up of a group of people.
Legal persons are also called moral persons. They are entities composed of individuals and are considered subjects of law.
Both natural and legal persons have rights protected by law. Logically they also have obligations that they can not ignore, because if they can not be sanctioned according to the applicable laws.
According to the ownership of the rights
They are the holders of rights payable to third parties. That is, they can claim another behavior or behavior. An example of an active subject is the creditor.
They are the holders of the obligations. That is, those who have a duty to have a behavior, either voluntarily or forcefully. Example of passive subject is the debtor.
All subjects, liabilities or assets, collective or natural, enforce their rights and obligations directly or through a representative.
Entities that can be the object of right
An object of law is a certain action that must be fulfilled by the subject bound by the legal rule against the holder of a right. Consequently, the subject of law has the power to claim this behavior.
Individual human actions or benefits, as well as specific manifestations, may be the object of law. Any tangible or intangible entity over which the right is exercised is the object of law.
In general, they are considered to be legal entities:
- Tangible and intangible assets. Material, such as a building; or intangible, as an usufruct.
- Human acts. An action or non-action by a person.
- Oneself. This point is conflictive; for some, oneself can be the object of law, and organ donation is an example. According to others, the law does not allow us to dispose of our bodies as if they were things, so that one would not be the object of law.
What are considered goods?
All goods are things, but not all things are goods. Goods are useful things to man and susceptible to being owned by someone.
Therefore, to be considered goods, things have to have a double characteristic:
-To be useful to man; that is, they have the ability to satisfy a need or interest.
-They must be susceptible of being owned by someone, that's why they do not understand the things common to all men.
Assets are important as objects of law and the law does not treat all goods equally, since there are differences between them. According to the characteristics of the goods, they have been grouped into different categories.
They are those goods that can be transported.
Those who can not move from one place to another are called real estate.
Difference between subject and object of law.
Both the subject and the object of law are components of the legal relationship, but are not assimilable because they have different entities and different functions.
The subject of law is the one that has the rights or obligations that are the object of the legal relationship. Unlike the object of law, the subject can be an entity or a natural person.
On the contrary, the object of law is what is not a subject of law; therefore, it can be subject to property and can be material (car, house, clothing) or immaterial (intellectual property). It is on the object of law that the full legal relationship falls.
- Law. (2012) Subject of right . Derechovenezolano.com
- Of concepts. Concept of the subject of rights. Deconceptos.com
- Definition of. Definition of subject of right . Definition of
- Jorge Fernandez Ruiz. Subject of law in Mexico . Mexico.leyderecho.org
- Remedios Moran Martín. The subject of the right. Vlex Spain.