The legal regime of rights and ethological situations

Abstract

Law is the tool that the human personality uses to satisfy legal needs, that is, aspirations that have to do with justice and security.

Law fulfils its instrumental function through a three-phase transformation process, that is, the initial or input phase, the central or transformation phase itself, and the production or output phase. This procedure manages to convert what is nothing more than a simple aspiration with legal claims into a "subjective right", an effective instrument that the individual uses to satisfy needs of his own nature.

The three phases run through a series of legal figures that begin with the concept of fact or event, from which only the facts that produce legal consequences are selected, and among these, only those that are manifestations of the individual's autonomy of will., the “legal acts”. And it is these that become "subjective rights" that act within "legal relationships".

However, today we observe that this traditional procedure does not satisfy certain legal needs of today's world, precisely those that do not have to do directly with the expressed will of the individual but are direct manifestations of their behaviour.

The theory of ethological rights comes to complete the traditional theory of subjective rights in the satisfaction of legal needs where the conduct or behaviour of the individual concurs without producing declarations of will.