A legal fact is a situation regulated by a civil legislator

Abstract

The article substantiates one of the basic postulates of the new non-dogmatic paradigm, according to which a legal (civil) fact is a factual situation regulated by a civil legislator. This conclusion is justified primarily by the fact that, while engaged in regulation, the civil legislator creates a rule of law, the text of which forms his statement about a certain factual situation in the context of the basis for the emergence of the described rights and obligations among the selected persons involved. It follows that, by creating a single norm, the civil legislator regulates the factual situation described by him in such a way that he declares it the basis for the emergence of the described rights and obligations And since in dogmatic jurisprudence the life circumstances provided for in the norm are traditionally called the term “legal fact,” we get the definition: a legal fact in civil law is a factual situation regulated by the civil legislator in the norm. Further, the author comes to the conclusion that a legal fact has two modes of existence, i.e. two forms of objectification: normative and life (factual). On the one hand, a legal fact is a situation described by the legislator in a norm for the purpose of regulating it. On the other hand, a legal fact is any situation that has happened in real life, which, due to its regulation in the norm, is the basis for the emergence of the rights and obligations of those involved in the situation that are described in the norm and specified by the conditions of the situation that occurred.