With the disposition of legal norms, legal entities are empowered, imposed with duties and responsibilities, or expressly prohibited from certain conduct when the hypothesized facts of those legal norms arise.
With the disposition of legal norms, legal entities are empowered, imposed with duties and responsibilities, or expressly prohibited from certain conduct when the hypothesized facts of those legal norms arise. Subjective rights and duties of a certain conduct find their legal basis or foundation in the substantive legal norms of civil public and private law. To create a certain civil legal relationship with subjective rights and obligations for certain entities the legal basis alone is not sufficient; it is also necessary for all the facts, which are required by the substantive legal norm as prerequisites for its creation, change or termination, to be provided. There is always a legal and factual basis in the causal complex of the emergence or change of any civil legal relationship. Therefore, establishing the existence of a particular subjective civil right and obligation entails the obligatory proof of its legal and factual basis. Deciding on the merits of a dispute, or on the merits or unfoundedness of a claim, proves to be one of the most difficult tasks for all of its participants, since each would have to properly and lawfully assess the impact of all legal factors, or constituents, on the outcome of the litigation. These constituents, or factors, are considered in this article primarily from the perspective of civil substantive law, with emphasis on its role in the treatment of civil and judicial dispute, the legal basis of the claim, the substantive and factual basis of the dispute, and its role in the contentious civil law relationship of the parties.
Keywords: civil lawsuit, litigation, claim, legal basis, factual basis, subjective law, Croatia.