Two words are an important part of this term. The act is defined as action , as the ability to carry out a certain task, and justice , which basically means fair and is classified as a value determined by society . When we refer to the field of justice, the legal act is a way of acting voluntarily and consciously that aims to modify or eliminate some rights in legal persons .
A legal act is an act by man carried out voluntarily and consciously that aims to establish legal relationships between people in order to create , modify and extinguish rights .
- Definition of legal act
- Elements of the legal act
- Effects edit
- Legal act by country
Definition of legal act
The legal act is the kind of act in which the event is the result of the way of acting of the man who is given within that society produces an effect of a legal nature because it is in this way that envisaged by the law . It is a fact in which the will of man intervenes and it is in this intervention that the law enters to determine its legal effect .
The main characteristics of a legal act are the following:
- They are made by people .
- They are volunteers since they must be executed with discernment , intention and freedom .
- The legal act becomes void due to defects in the will .
- It is lawful , it is possible and the object should not be prohibited in the legal system, since it would become a human act.
- They have several consequences within the legal sphere as they have the ability to create, modify or extinguish rights .
- They can become negative or positive so that the legal relationship can be established.
- Some of them are formal or informal .
- Implicit contain a number of elements such as latent defects and guarantee of eviction .
- They can contain different types of accidental elements , which are added by the will of the parties, as a condition.
Elements of the legal act
The legal act has different elements which are of various types:
- Essential : without them, the legal business cannot take place. They are essential in any legal act and allow a legal act to become concrete, distinguishing itself from other legal acts. They are a manifestation of the will , the capacity , the object , the cause and the form or solemnity . There are several requirements for these to exist and these are:
- Natural elements : they are in every legal business unless they are eliminated. They are embedded in the nature of a specific legal act . They are natural elements within the legal act. The autonomy of the will can separate them from the legal act without affecting the validity of the legal act.
- Accidental elements or modalities : they only exist when the parties determine them and when they are expressly added to the business . They are incorporated into the legal act at the will of the parties in the exercise of their autonomy without affecting the validity of the legal act .
- Existence requirements : are the requirements where the act does not produce any effect and its omission does not entail the non-existence or nullity of the act.
- Essential solemnities when required by law
- Validity requirements : they do not contradict the creation of the legal act , but its omission does not provide a healthy existence to the act, and may produce relative nullity of the act.
- Will free from vices
- Lawful object
- Lawful cause
- Exercise capacity
Some authors maintain that the solemnities that the law imposes on certain acts are also validity requirements, as well as the absence of injury.
They are classified as follows:
- Positives and negatives : as their object is to do , or not to do or abstention to determine the beginning or the end of a right. The negatives imply a not to do.
- Unilateral and bilateral : takes into account the existence of a single will to initiate an act . Its importance lies in cases where partial nullity is applicable , which is only possible, in principle, when it comes to unilateral acts .
- Between living or last will : it calls legal acts between living that do not depend on the death of the person who constituted them to generate legal effects , the opposite happening in the last will, which only becomes effective when the death of the principal occurs.
- Onerous and free : depending on whether they contain a benefit from one party, without consideration for the other, as in the case of donations , inheritances or bequests .
- Formal and non-formal : formal acts depend for their validity on the performance of certain formalities required by law , otherwise in non-formal ones.
- Main and accessories : main acts are those that exist by themselves, without depending on other acts. accessories are those that do not exist by themselves, but depend on the main act.
- Pure and simple and manners : they contain the essential elements of the legal act , the manners , also contain accidental elements .
- Patrimonial and extra-patrimonial : the patrimonial have economic content , that is, they are valuable in money and the extra-patrimonial , do not possess it, and refer above all to the field of family law, for example, marriage or adoption.
- Administration and disposition : in administration there is no substantial modification of the patrimony , since the act does not diminish it, but tends to conserve it and increase it by the usual activity carried out.
The requirements for a legal act to exist are:
- The object
- The cause
- The solemnities in the acts in which the law requires them
- Will free from vices
- Lawful object
- Lawful cause
In the area of the right nullity is a g situation enterica of invalidity of the legal act, which in turn causes a standard , legal act , administrative act or procedural act cease to extend their legal effects as far back to the time of its conclusion. For a rule or act to be null, it is necessary to have a declaration of nullity, express or tacit, and that the vice that affects it is coexisting with the celebration thereof. As a basis, it has the protection of interests that are violated due to the fact that the legal requirements are not met.when celebrating a legal act or dictating a rule. administrative or judicial act .
Legal acts have the effect of creating , modifying , transferring , transferring or eliminating rights and obligations. Each type of legal act will generate different effects . In principle, legal acts only produce effects, in other words rights and obligations, between the parties, and do not produce any benefit or harm those who have not entered into them. The latter are called third parties, and may be poorly linked by the legal act, considering its relative scope .
Legal act by country
In Spain the legal act is absent from all the normative content . There is no power to configure the legal consequences because they are predetermined by law and the law is not concerned with what the subject wants, but only with the way they behave externally .
In the Argentine Civil Code, the legal act covers a scale of possibilities that go from the things that are in the trade , which even when not in the trade, is not prohibited; facts not impossible , illegal or immoral ; facts not prohibited , facts not contrary to freedom of conscience or actions and facts that do not harm a third party’s rights.
In this country, the legal act is seen as the manifestation of will that one or more persons have, which is aimed at generating a series of legal consequences that may include the creation , modification , transmission or extinction of subjective rights and rights. obligations.
Some examples are:
- The offer or policing.
- The acceptation.
- The testament.
- The recognition of a son.
- Birth registry.
- Registration of a company.
- Civil Marriage.
- The Divorce in which both parties intervene.
- A commercial contract. Work contract.
- Contract for the sale of a car.
- Credit contract.