A Legal Relation

“With this courageous and provocative book, Somek brilliantly reinvents legal positivism. Every legal philosopher should read this book. The argument is imaginative, ubiquitous and ultimately compelling. The intention to be legally bound is an essential element of a valid and enforceable contract. This means that all parties to a contract must accept the terms of the contract with the intention of entering into a legally binding relationship. Read 3 min An intention to create legal relationships can be of three different types: In Simpkins vs. In the country, the plaintiff, a tenant, entered into an informal agreement with the landlord to participate in a newspaper contest on her behalf. Their entry was successful and the owner refused to share the reward with the plaintiff, who filed a lawsuit for his part. The court ruled that the agreement was legally binding because there was sufficient reciprocity with respect to the agreements between the parties. Legal entities – commercial and non-commercial organizations always have full legal personality, that is, they always have full legal capacity. A legal person is understood as an organization that acts in civil relations under its own name, has ownership of property rights or other rights, and can be a plaintiff and defendant in court.

An act is the expression of an express or implied will that produces the legal effect corresponding to the express will (establishment, transfer, modification or extinction of a right). Social relations: In the case of industrial relations, the courts do not assume the intention to create a legal relationship. Individuals are always just humans; From a legal point of view, they are characterized by their legal capacity. If a party expresses the intention that the terms of the agreement will not affect its legal relationship, this may prevent the formation of an enforceable contract. The court ruled that the promise was not legally binding for two main reasons: in common law jurisdictions, three key elements are necessary for the creation of a contract: offer and acceptance, consideration, and intent to create legal relationships. However, an agreement may not be enforceable if a court finds that reasonable persons did not intend the agreement to be legally binding, as is often the case with social and national agreements. [1] In the vast majority of legal relationships, each participant has rights and obligations at the same time. In some legal relationships, however, the beneficiary has only one subjective right and the obligated party has only one subjective obligation. What do we mean when we talk about a legal relationship? It seems to be a concept of everyday language without specific content. It is simply used to indicate that a relationship is in the sphere of law.

Thus, the common law doctrine of intent to create a legal relationship concerns the formation of a contract; The same goes for what is called the relational contract. Paradoxically, there is therefore no legal concept of the legal relationship in common law or civil law (rarely present in legal dictionaries). However, in China`s new Civil Code, it is a concept that structures all chapters, including family matters. The concept of legal relationship (Minshi Guanxi) comes from Germany (Savigny-Windscheid), but differs in that it is based not only on rights, but on the trilogy of rights-obligations-responsibilities (according to Z. Wei). More recently, there have been legal philosophers who have propagated the concept of legal relations with a feminist approach (Nedelsky, 2011, Law`s Relations, Oxford University Press) or a neo-Kantian approach (Somek, 2017, Legal Relations, Cambridge University Press). In addition, the concept of legal relationship is included in many other recent codifications (Quebec, Romania, Russia, etc.). As a result, it is a concept that has become as universal as contract or law. Would it be possible to find a common, albeit minimal, content of the concept of legal relationship in comparative law? If this were possible to address new issues such as the possibility of a legal relationship with natural persons? The legal relationship is the relationship between at least two persons, one of whom is entitled to demand that the other fulfill a legal obligation.

A legal fact is a fact to which legal effects are attached. There is no will alien to human action (natural fact) and will lead to legal consequences that create legal relationships.