A legal act It is defined as an action that is carried out voluntarily and consciously, in order to establish legal relationships between different people to create, change or liquidate certain rights.
That is, it can be stated that the legal act is an expression of will whose objective is to incite the effects of law. These consequences are recognized through the legal system.
The act is defined as the ability to perform certain tasks, and the legal basically means that it is fair, which is classified by society as a specific value.
It is the type of act where an event that is a product of man's way of acting, which is generated within society, causes a consequence of legal quality, because the legal system foresees it in this way.
The basis of the legal act is made up of the manifestation of will, which must be aware of the results that the act will have, in accordance with the provisions of the law. The legal act seeks that the state of things has variations and causes legal consequences.
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A legal fact represents a natural event whose characteristic is that it does not need the will to intervene to consider effects of law.
On the other hand, a legal act requires consent. That is, it must gather certain conditions to demand that the parties comply with the rights.
- Will, which can come from one or more people.
- This will must be manifested abroad.
- The will must be manifested in order to originate legal results.
- The legal results produced must be those that its author or the parties want.
The expression "will" is used to refer to the intention of a unilateral legal act, and the expression "consent" is used to refer to the intention of a bilateral legal act..
Thus, consent is the pact of wills that produces an agreement. The stages for consent to be formed are the offer and acceptance.
The offer is the unilateral legal act where one person asks another to enter into a specific contract, in such a way that it is perfect just by accepting it by the recipient. Acceptance is the unilateral legal act where the person receiving the offer declares its approval with the same.
If any of them are missing, no legal consequence will arise or it is declined in a different act. Its lack means that the legal act that is being carried out cannot be defined as such. They are common in all legal acts:
- The will of the author of the act at the time of carrying it out. This will must be expressed without any type of vice orally, in writing, or tacitly, by a capable person.
- The object: Corresponds to what the parties agree to deliver on the spot, be it a thing or a fact.
- The solemnity of the law: It refers to all the legal formalities that must be fulfilled for the act to be valid.
They turn out to be essential for certain acts, causing that if the act is missing it declines into a different one. For example, the price in a sale, because if there is no price, it will be understood that it is a donation.
For an act to be valid, an object is required, which is essential for there to be a contract.
The act could be declared invalid if the incapacity of any of the signatory parties is proven, if the object that represents it is illegal or if there is any modification of the contract that transgresses the law.
Although they are not essential in the act, they belong to you without needing a specific clause. Therefore, a declaration of will of the parties is not necessary for them to be part of the act, but it would be required to eliminate them. For example, the correction of dispossession and reimbursable defects in a sale.
They are those that are not essential or belong to the act naturally, and that the parties implement the legal act through special clauses, called “modalities”. For example, the mode, the term and the condition.
It is conceived by the will of a single party, which could be made up of a single person or a single person, or by several people or multi-person.
It is generated by the agreement of the wills of two or more parties. It is the convenience of the wills of two or more individuals, which originates with the purpose of causing a legal result.
Regulates the interests relating to the people who make up the family group. It is characterized because it is only constituted by individuals, but is regulated by law. For example, marriage.
Its objective is to create, change or suppress a right, referring to relationships of a monetary nature. It is characterized because it is created and modified by individuals, in addition to being the most common.
It only aims for the benefit of one party, while the other bears the full burden. There is a lack of parity in benefits. For example, a donation, where only the donee gets all the profit from the act, while all the obligation falls on the donor.
Its objective is the profit of both parties, forcing each one to the benefit of the other. That is, they impose a burden that is offset by the utility they provide.
- Registration of the birth of a child
- Copyright registration.
- Recognition of a child.
- Registration of the death of a person.
- Registration of a patent.
- Demand for divorce by one of the parties.
- One testament.
- Registration of an intellectual property.
- Transfer of domain.
- Transfer of a vehicle to a relative, even if there is no money in the transaction.
- Renegotiation of interest on a debt.
- Incorporation of a limited liability company (SRL).
- Civil marriage between two people.
- Divorce by mutual agreement between both parties.
- Payment of a bond.
- Temporary alienation of the enjoyment or use of something.
- Assignment of rights to any type of work.
- Contract for the sale of a car.
- Acquisition of goodwill by a company.
- Contract for an installment investment.
- Signing of a mortgage loan contract.
- Beginning of an employment relationship through a contract.
- Rental of land.
- Signature of contract for life insurance.
- Contract for the sale of a property.
- Hospitalization contract.
- Signing of a free trade agreement between two nations.
- Signing of a free trade agreement between several nations.
- Call for creditors for the bankruptcy process of a company.
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