Legal relationship as a logical consequence of a single right of claim (methodological nonsense of a social relationship regulated by a legal norm)

Abstract

This article critiques the traditional dogmatic understanding of legal relations as social relationships regulated by legal norms. The methodological fallacy of this notion is expressed in attributing to the norm, which is the text of the named law, the qualities of a regulatory actor, i.e., the legislator. Knowledge of what the legislator says in the text of a single legal norm, coupled with the understanding that, in constructing such a text, the legislator is engaged in regulation, allows us, on the one hand, to determine that they are regulating the factual situation described in the norm, and on the other, to recognize that, by regulating a situation, the legislator declares it the basis for the occurrence of the legal consequences described in the norm, in particular those that are expressed in the emergence of a right of claim for one party in the situation and an obligation for the other to perform the required action. The author believes that this type of consequence cannot be understood outside the connection between the party involved - the holder of the right of claim and the party involved - the bearer of the obligation to perform the required action, and thus exists within the space of the relationship between them, which is called a legal relationship.