REVIEW OF THE HUMAN ACTIONS AS LEGAL FACTS IN THE PROPERTY LAW

Abstract

The legal facts have always been of interest to the legal scientists, since the creation, the
modification and the termination of the civil law depend on them. Legal facts are all the facts and
circumstances that would cause any legal consequences. The theory classifies them into two
groups: events and human actions. Most often, the legal relations in the civil law are caused by
certain human actions. Hence the interest in human actions as legal facts. The human actions
occur as legal facts in the three branches of the civil law, but with different frequency. The
author of this article gives an overview of the human actions that produce legal relations in the
property law. This will determine what kind of legal consequences are caused by certain human
actions. Тhe emphasis in this paper is placed on both, positive and negative human actions in the
property law. This kind of review of the Law on Ownership and Other Property Rights will show
that both, positive and negative actions produce legal consequences. Also, this article shows the
importance of the human actions as legal facts in the property law, because human actions
depend from the free will of the subject and the free will is basic principle in the civil law. This
principle means free initiative, i.e. free disposition or freedom in the exercise of the subjective
property right. Free will of the human actions represents the importance of the human actions as
legal facts in the property law.