THE 4 MOST IMPORTANT ELEMENTS OF LAW - CULTURE VOCABULARY - 2025

The elements of the law are the active subject, the taxpayer, the benefit and the guarantee. These elements are inspired by the postulates of justice and legal certainty.

For the legal rule to be enforced, these four elements must converge, which are inseparable because they are closely related.

Thanks to the understanding and differentiation of these four essential elements, compliance with legal obligations between subjects can be required within the framework of legal relationships.

The 4 main elements of law

1- Active subject

The active subject, also called creditor in private law, is the natural or legal person in whom the benefit of the legal norm falls, and it is who is required to comply with the norms and rules of law.

For example: the Constitution of most countries indicates that the right to education is guaranteed. In this case the students come to represent the active subject.

2- Taxable person

It is also called the debtor in private law. As with the active subject, this must be a natural or legal person.

The taxpayer shall have the obligation to fulfill the obligations for the benefit of the right holder; that is to say, of the active subject.

The most obvious example is found in criminal law. The active subject comes to represent the offender who breaks the law, the taxable person is the victim, who suffers the injury and is harmed by the violation of the law.

3- The provision

There are four requirements for the benefit to occur. They must be able to be specified or determined, they must be physically possible, they must be widely accepted by morality and they must be accepted by law.

The benefits in turn are classified into other subtypes: provision of giving, provision of doing and provision of not doing.

Provision of giving

They are those in which an individual who acquires a debt is forced to pay a real right over a thing. This is observed in contracts for the sale and purchase of homes.

Rendering to do

It refers to the obligations that the taxpayer contracts and which he is obliged to fulfill according to the law.

For example, in leasing contracts the tenant must commit to keeping the property in good condition.

Rendering of not doing

In this case, the active subject agrees with the active subject not to take or exercise an action that has previously been established in the legal regulations.

An example of this situation is when the tenant agrees with the landlord not to sublet rooms.

4- Warranty

The guarantee is the representation of the social and legal authority to whom it corresponds to apply the sanctions coercively so that the law is not violated.

To achieve its end, the guarantee makes use of public force in a preventive manner, for example when precautionary measures are taken; and in a repressive way, when the author of a crime is deprived of liberty.

References

1. Kelsen, H. (2000). Pure theory of law. Santiago: Editorial La Ley. Retrieved on December 3, 2017 from: dspace.utalca.cl
2. Bidart, G. (1995). The right of the constitution. Mar de Plata: EDIAR. Retrieved on December 3, 2017 from: aadconst.org.ar
3. García, E. (1990). Introduction to the study of law. Mexico: Editorial Porrua. Retrieved on December 3, 2017 from: udg.mx
4. Aguirre, M. (sf). Essential elements of law. Retrieved on December 3, 2017 from: academia.edu
5. Kelsen, H. (1995). General theory of law and the State. Retrieved on December 3, 2017 from: books.google.es