SUBJECTS OF LAW: TYPES AND OTHER CONCEPTS - ARTE - 2025

The s ujetos of the right are those who have the capacity to have rights and obligations. According to legal doctrine, it is equivalent to the concept of person. As a person, it is understood the human being or the entity that the legal system recognizes the capacity to be the holder of rights and obligations.

As a subject of law, the human being has subjective rights, duties and obligations. At this point it is important to highlight that human beings are not the only ones who can be considered a subject of law. The origin of the definition of person, closely linked to the subject of law, comes from the Latin verb persono, which means to resonate.

The concept "person" referred to a mask that the artists used in their characterization and that varied the sound of their voice. In law, person and human being are not equated; consequently, the subject of law and the human being are not identifiable either.

There are legal requirements to be considered a person by law. Only when an entity acquires legal capacity or legal personality can it have rights and obligations.

Juridical capacity

People and subjects of law have legal capacity, which consists of the ability to access rights and acquire obligations or duties on their own. This legal capacity has two aspects:

Enjoyment capacity

It refers to the ability to acquire rights.

Ability to act or exercise

It refers to the power to personally exercise those rights.

Types

According to the number of people

Subjects of individual rights

They are individual human beings with the capacity to acquire rights and obligations. They are also called natural or physical persons.

It is essential to establish that all natural persons (natural persons) are human beings. That is to say, humans from birth are subjects of law; it is your prerogative.

Subjects of collective rights

They are those that are defined as legal persons. They are made up of a group of people.

Legal persons are also called legal persons. They are entities made up of individuals and are considered subjects of law.

Both natural and legal persons have rights protected by law. Obviously, they also have obligations that they cannot ignore, because if they cannot be sanctioned according to the applicable laws.

According to the ownership of the rights

Active subjects

They are the holders of rights enforceable before third parties. That is, they can claim a certain behavior or conduct from another. An example of an active subject is the creditor.

Taxpayers

They are the holders of the obligations. That is, those who have a duty to behave, be it voluntary or forced. An example of a taxpayer is the debtor.

All subjects, passive or active, collective or natural, make their rights and obligations effective directly or through a representative.

Entities that may be subject to law

An object of law is a specific action that the subject bound by the legal rule must comply with against the owner of a right. Consequently, the subject of law has the power to claim this conduct.

Individual human actions or benefits, as well as specific manifestations, may be subject to law. Any material or immaterial entity over which the right is exercised is subject to law.

In general, the following are legal entities:

- Tangible and intangible assets. Material, such as a building; or immaterial, such as a usufruct.

- Human acts. An action or no action on the part of a person.

- Oneself. This point is contentious; for some, oneself may be the object of law, and organ donation is given as an example. According to others, the law does not allow us to dispose of our bodies as if they were things, so one would not be the object of law.

What are considered assets?

All goods are things, but not all things are goods. Goods are useful things to man and can be owned by someone.

Therefore, in order to be considered goods, things have to have a double characteristic:

-Be useful to man; that is, they have the ability to satisfy a need or interest.

-They have to be capable of being someone's property, that's why they don't understand the things common to all men.

Property is important as an object of law and the law does not treat all property equally, since there are differences between them. According to the characteristics of the goods, they have been grouped into different categories.

Movable property

They are those goods that can be transported.

Property

Real estates are those that cannot be moved from one place to another.

Difference between subject and object of law.

Both the subject and the object of law are components of the legal relationship, but they are not assimilable because they have different entities and different functions.

The subject of law is the one who has the rights or obligations that are the object of the legal relationship. Unlike the object of law, the subject can be an entity or a natural person.

On the contrary, the object of law is what is not the subject of law; therefore, it can be property and can be tangible (car, house, clothing) or immaterial (intellectual property). It is on the object of law that the full legal relationship falls.

References

1. Right. (2012) Subject of law. Derechovenezolano.com
2. Of concepts. Concept of subject of rights. Deconceptos.com
3. Definition of. Definition of subject of law. Definition of
4. Jorge Fernandez Ruiz. Subject of law in Mexico. Mexico.leyderecho.org
5. Remedios Moran Martín. The subject of law. Vlex Spain.