Legal Acts: Conditions and Validity
Legal Acts Essentials
A legal act manifests human will to produce legal effects. A legal fact triggers legal repercussions.
Key Concepts
Legal consequences include law creation, termination, or amendment. A convention amends or terminates rights and obligations. A contract creates rights and obligations (Article 1438).
Act Existence Elements
For a legal act to exist, it requires:
- Will
- Aim
- Cause
- Solemnities
Act Validity Conditions
For validity, a legal act must have:
- Defect-free will
- Capacity
- Lawful object
- Lawful cause
- Formalities
Consent Formation
Consent is a voluntary agreement from an offer and acceptance. Offer is a proposal for a convention. Acceptance is compliance with an offer.
Offer Requirements
- Explicit or tacit externalization
- Serious intent for legal effects
- Complete, needing only acceptance
Acceptance Requirements
- Pure and simple
- Timely
Will Validity
For will to be valid, it must be:
- Manifested (expressly or impliedly)
- Serious (intended for legal effects)
Factors Affecting Will
- Error: false idea of reality
- Force: threats for consent
- Fraud: scheme to obtain consent
Capacity
Capacity is the legal ability to exercise rights and responsibilities. Absolute incapacity includes prepubertal, insane, and certain deaf-mute individuals. Relative incapacity includes minors and interdicted persons.
Object of Legal Documents
The object is the provision (giving, doing, not doing). It must be:
- Real or expected
- Commerciable
- Determined
Cause
The cause is the legal reason for a contract (Article 1467). It must be real, lawful, and need not be expressed.
Formalities
Formalities are external requirements for validity. Types include solemnities, habilitantes, test, advertising, and fiscales.
Inefficiency of Legal Acts
Acts are ineffective if:
- An essential element is missing
- Declared invalid
- Resolution is decreed
- Declared unenforceable
- Waived
- Revoked
- Rescinded by mutual agreement
Nullity
Nullity is the penalty for omitting validity requirements. Absolute nullity arises from legal requirement failures. Relative nullity arises from party-related issues.
Modalities
Modalities modify legal act effects, including condition, deadline, and mode.
Condition
A condition is a future, uncertain event affecting rights. Types include suspensive and resolutory.
Deadline
A deadline is a certain future event affecting enforceability or extinction of rights.
Mode
A mode is a burden imposed on a donation recipient.
Representation
Representation allows legal act effects to root in a person other than the actor.