Definition of legal situation - What it is, Meaning and Concept

The notion of situation can refer to the status, location or position of someone or something in a certain context. Legal , meanwhile, is that which is according to the law (according to the laws).

A legal situation is made up of the rights and of the obligations that are attributed to an individual under certain conditions and in a certain context.The subjects of law, therefore, may be the center of possible legal relations regulated by current regulations.

A definition of the concept of legal status may also indicate that it is the way of being of an individual in relation to a law .The legislation establishes situations abstract legal whose concretion depends on specific events.

Let's look at an example.A law can indicate that an individual older than 18 years inherits the assets of their parents in case of the death of these.If the parents of a 23 year old die in an accident, the legal situation of this individual places him as heir.This way, he passes from the legal situation abstract (as established by law) to the concrete legal situation of this person (a change that occurs after the death of their parents).

In a broad sense, it can be said that the legal situation refers to the relationship of a person with the law at a given time .Thus, it can be indicated that the legal situation of a man accused of murder is complicated when three witnesses claim to have seen him commit the crime and there is other evidence that, in a trial, could convict him.

Objective legal situation

According to the civilist school , to which the lawyers belong to the defense of civil cases or to study this particular branch of Law, in order to consider objective a certain legal situation, it is a requirement that the subjects have a greater number of duties than rights; This can be clearly seen in the case of a filiation, of a marriage or of a disability.All this is found more frequently in Public Law and in Criminal Law than in Commercial or Civil Private Law.

It should be clarified that by affiliation we understand the legal relationship that exists between parents and children, usually by virtue of the generation link they maintain.It is a civil status that has obligations and specific rights.The concept of disability , meanwhile, refers to the deprivation that the law imposes on a person for the exercise or enjoyment of certain rights, for lack of aptitude to own them.

On the other hand, we have the point of view of the publicist school, of which the writers are part of Public Law , and the specialists in this branch that are often known as journalists.An objective legal situation, in this case, is one that comes directly from the legal or regulatory norm, with the possibility of prior intervention of an «act-condition ».

This last concept can be defined as an act that allows the application of a legal rule , or of a set of them, to an individual who until that moment did not meet the necessary conditions.very common are a legal fact (such as a jury draw) and a legal act (such as the appointment of an official or the marriage union of two people ).

The publicity school considers that the legal situation is general in what makes its headlines , and also permanent.It is possible to find examples of it in Private and Public Law.