In a legal relationship, the active subject is the one who has the legitimacy to demand that the other party assume compliance with the acquired obligation.
The concept of subject can be used in different ways. It may be a person who, in a certain context, has no identification or name. Subject is also a category of philosophical type and a grammatical function.
Active , for its part, is an adjective that can refer to the one or thing that acts. As a noun, the notion of asset is used to name assets that are owned by a person or an entity.
Concept of active subject
With these issues clear, we can move forward with the concept of the active subject . This expression is used to name someone who has the legal right to demand compliance with a certain obligation from another person.
In this sense, we can distinguish between the active subject and the passive subject within the framework of a legal relationship. Both subjects, therefore, are the parties to said link. The active subject is the party that has the legitimacy to demand that the other party comply with the obligation it has contracted. This obligated party, in this way, is the passive subject.
The idea of active subject is used in grammar.
An example
Suppose that two people sign a rental contract: one person rents his home to another for a certain amount of money that must be paid monthly. The person who provides the home is the active subject: he has the legitimacy to demand the individual who rents the house (the passive subject) to pay the agreed amount.
In this context, it does not matter that the taxpayer, over time, does not have the resources to comply with his obligation. This obligation is maintained and the active subject does not lose the right to demand the payment that corresponds to him.
Active subject according to law
Before continuing, we will look at the concept of subject in greater depth within the scope of law . In short, we can say that it is any entity or person that has its own legal personality and that may be affected by a legal relationship. We understand personality or legal identity to be the series of traits used to recognize a person, association, company or entity that has sufficient capacity to assume obligations and carry out activities that entail full legal responsibility, both for themselves and to third parties.
A legal relationship is a link that involves a minimum of two people, whether physical or legal, in a framework that includes interests or assets, in an organic and stable manner, respecting the regulation of the Law and with the objective of carrying out perform a social function that is worthy of legal protection. Any aspect that calls into question the legitimacy of a link with these characteristics automatically invalidates it from a legal point of view, that is, it loses legal protection and becomes part of the criminal sphere.
The notion in grammar
For grammar , the concept of active subject refers to the one who performs the action indicated by the verb present in the predicate, and is recognized because it agrees in gender and number with it. Let's see an example below: "The scientist carried out various tests." In this case, the subject is "the scientist", which is made up of an article and a noun, and the latter ("scientific") is feminine and singular, as expected by the verb "performed", which is conjugated in the third person singular ( her ).
The passive subject , on the other hand, does not execute the action but rather receives it: "The tests were carried out by the scientist." In this case, the subject is "the evidence", who depend on the action of "the scientist." Returning to the active subject, it can sometimes be omitted, as long as the context allows us to deduce its identity: if the scientist has already been mentioned in the conversation, it is possible to simply say "She carried out various tests" , because it is understood that we are talking about she.