The Concept of Legal Action and Historical Overview

Abstract

In its very existence the human society, and people with one another develop relations between them. This is also supported by the laws of physics that say that the bodies in nature always interacted with each other. As it is already universally accepted that for their nature but not only people are free to decide on their own and to choose what seems right and good for them. But on the other hand this leeway is limited not only by the principles of justice and the interests of other persons but also these necessarily lawful, possible and moral. Legal action by its nature entered in the category of legitimate actions of people. Given the importance that legal actions have civil in relations, our legislation has given importance in its treatment concerning the meaning, form, validity and invalidity of legal actions, condition and term of juridical actions. In a narrow sense of the notion legal actions will be understood as legitimate manifestation of the will of the individual, physical and legal persons, that aim to create, change and/or erase civil rights and obligations that the parties undertake. While in the wide sense of the notion we will understand the legal actions not only as legitimate show of will and as a goal set by the parties but interpretations must also be seen, parties behavior, care, trust shown by them and the effects arising during the implementation of the contract or the effective period during which legal action may be ineffective for purposes of a condition, time, etc. By many modern legislation but also by our current legislation Civil Code of the 1994, legal action is defined in its narrow notion.

DOI: 10.5901/ajis.2017.v6n1p53