The concept of subject it can be used in different ways. It may be a person who, in a certain context, does not have an identification or name. Subject is also a category of philosophical type and a grammatical function.
Active, meanwhile, is a adjective which can refer to the one or that which acts. As a noun, the notion of asset is used to name the goods that are owned by a person or an entity.
With these issues clear, we can move forward with the concept of active subject. This expression is used to name who has the legal right from demand the fulfillment of a certain obligation to 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 this bond. The active subject is the party that has the legitimacy to demand that the other party comply with the obligation that he contracted. This obligated party, in this way, is the taxpayer.
Suppose two people sign a contract for rental: a subject rents his home to another for a certain amount of money that must be paid on a monthly basis. The person who provides the home is the active subject: he has the legitimacy to demand the individual who rents the house (the taxpayer) to pay the agreed amount. In this context, it does not matter that the taxpayer, over time, does not have the resources to fulfill his obligation. Said obligation is maintained and the active subject does not lose the right to demand the corresponding payment.
Before continuing, we will see the concept of the subject in greater depth within the scope of the right. 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. By personality or legal identity we understand 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 carry full legal responsibility, both towards themselves and to third parties.
A legal relationship is a bond that involves a minimum of two people, whether physical or moral, in a framework that includes interests or assets, in an organic and stable manner, respecting the regulation of Law and with the aim of carrying out carried out one function that is worthy of legal protection. Any aspect that casts doubt on 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.
For the grammar, the concept of active subject refers to the one who performs the action indicated by the verb present in the predicate, and it 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 «carried out», which is conjugated in the third person singularshe).
The passive subject, on the other hand, it does not execute the action but 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 her identity: if the scientist has already been mentioned in the conversation, it is possible to simply say “He performed various tests”, because it is understood that it is spoken of.