LEGAL FACTS AS GROUNDS FOR THE EMERGENCE OF LEGAL RELATIONS OF LAND REAL ESTATE: QUESTIONS OF THEORY

The author draws attention to the fact that the theory of legal facts, despite its development within the framework of the science of civil law, is still poorly studied from perspective of the legal relations of land real estate. In order to fill this gap, the article analyzes the features of the category “legal fact”, which is considered from the standpoint of classifications generally recognized in science: events and actions, single legal facts and state-facts, simple and complex factual compositions. The article analyzes the provisions of doctrinal discussions on the possibility of recognizing judicial decisions as a kind of acts of authorities, the place of expiry dates in the system of legal facts, and provides specific examples of the actions of certain groups of legal facts in the real estate sector. Attention is drawn to the fact that the theory of legal facts is influenced by the achievements of scientific and technical progress. The author concludes that the theory of state and law raises the question about the need for an integrated approach to the study of legal processes and phenomena (legal relationship, legal fact, legal system, legal institution) in the broader context of socio-political, economic, cultural and other processes and phenomena (a large actual system). This vector of scientific research is still poorly developed in civil science, and requires not even an interdisciplinary approach, but interaction with the outcomes of other social sciences. The development of this approach will make it possible to understand new systemic properties of legal processes and phenomena enshrined by the norms of various branches of law, important regularities of their distortion and deviation of subjects from the standards of lawful behavior.

legal fact, legal relationship, emergence, change, termination, legal acts, judicial decision, action, event, condition, actual composition, transaction

Charkin S. A. Legal facts as grounds for the emergence of legal relations of land real estate: questions of theory. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):220—225. DOI: 10.25683/VOLBI.2024.67.976.