Key Aspects of Business Law: Conditions, Consent, and Capacity
Key Aspects of Business Law
Incidental Items of Business Law:
Status: It is a constraint imposed voluntarily on a business, the effects of which will depend on an uncertain or future event.
The End: It is a voluntary limitation on the conclusion of a business, where the desired effects are produced from or until a certain time. The business begins the moment the declaration of will is made, although its effectiveness is subject to compliance with the deadline.
Mode: It is a determination that is joined to the legal transaction so that its effects are amplified by imposing a charge or lien. This act is responsible for externalizing legal coordination of our desires, intended to produce legal effects through communication of the will contained in the expression, with a translational intent on an outcome of interest.
Volunteer Theory: The will is important and effective, but as it is invisible, we need a sign that manifests it so we can know it. This is the statement.
Theory Statement: The law does not say choose your effect and give it to you, but it says I give effect to certain acts if you’ve chosen one. The declaration has a legal effect, and that effect is irrelevant whether or not it was wanted.
Silence: Silence can be valued as a true declaration of will that gives rise to the business or modifies it, when expressly or impliedly attributed the meaning of acceptance.
The Vices of Consent
There is no valid consent if it has been made in error, torn by violence, or surprise at Dolo, according to Civil Code Art. 1109. The vice of consent is the absence of a healthy desire that distorts, alters, or annuls the will, compromising its effectiveness. The will is flawed where the consent in its external form is flawed. Vices of Consent are: error, fraud, violence, injury, and disability.
The Error
It is an inaccurate idea that a contractor forms about one of the elements of the contract, where we believe that a false fact is true and vice versa.
Obstacle Error: The error means a legal act does not exist, because it not only vitiates consent but prevents the legislation from being formed. This situation can occur:
- Where the very nature of the act lies.
- When imposed on the existence of the object of the obligation.
- When imposed on the identity of the object of the convention.
The error that causes the voidable legal act occurs when imposed on the substance of the thing that is the subject of the contract, according to Article 1110 Civil Code.
The error is irrelevant to the validity of the act when it falls on qualities that are purely accidental to the substance of the thing, when it falls on the value of the thing (except when there is injury), when it falls on the person (unless it is an intuitu personae contract), or when imposed on the grounds of the contract.
The error is classified as an error of fact (a mistake about a material fact) and a mistake of law (a mistake about the existence or interpretation of a rule of law).
The Dolo (Fraud)
Fraud is an error caused, where it is shown that without it, the contractors would not have hired the other party. In this case, it is cause for revocation. The intent is not presumed; it must be proven, according to the Civil Code Art. 1116.
Violence
Compulsion is exercised on a person to determine them to perform an act that vitiates consent. This is external, where there are physical impressions on the body, physical and moral violence, which is a psychological pressure due to the immediate fear of serious harm to oneself or to agree, forcing their will.
Injury
It is the damage caused to a legal act of the contracting parties as a result of the clauses it contains, or the conditions under which it is agreed. The injury does not vitiate the conventions, but in certain contracts and with respect to certain people, according to Civil Code Art. 1118.
Disability
It is the absence of capacity to exercise a right. The failure is divided into:
- Inability of enjoyment, which is a lack of ability to acquire and hold rights.
- Inability to exercise, which is a lack of capacity to exercise the rights of which a person is invested.
- Inability of fact, which is necessary and imposed by the legislature.
- Inability of law, which is arbitrary and represents a creation of certain positive law.
- General inability, which applies to all legal acts (e.g., a declared minor).
- Special inability, which relates to acts of a certain category.
- Natural inability, which represents a state of ineptitude.