Pregledni rad
https://doi.org/10.31141/zrpfs.2018.55.128.447
Significance of substantive constituents in court dispute
Mladen Pavlović
orcid.org/0000-0002-8330-7598
Sažetak
Legal entities with access to legal norms are given powers, duties and responsibilities or ban certain kinds of behaviour when the hypothesis of predicted facts from these legal norms occur. Subjective rights and responsibilities of certain behaviours find legal support or basis in substantive legal norms of civil public and private law.
In order for certain legal civil relations with subjective rights and responsibilities to occur, it is necessary for the creation of all the facts that the substantive norm demands as a presumption for its creation, change or cessation.
In the causal complexity of creation or change of every legal civil relation, there is always a legal and factual base. Therefore, the establishment of the existence of concrete subjective civil rights and duties must assume proof of its legal and factual basis.
Deciding on the merit of a dispute, that is, how founded or not founded the lawsuit is, has proven to be the most difficult task for all its participants. This is because each person must correctly and legally evaluate the influence of all legal factors, that is constituents on the results of the court dispute. These constituents, or factors in this paper are analysed from a substantive civil law aspect with emphasis on its role in the treatment of the civil law and court dispute, legal foundation of the lawsuit, substantive law and factual basis of the dispute and its role in disputable civil law relations of the parties.
Ključne riječi
civil law dispute; court dispute; law suit; legal basis; factual basis; subjective right
Hrčak ID:
199098
URI
Datum izdavanja:
19.4.2018.
Posjeta: 3.908 *