WHAT ARE THE ELEMENTS OF EXISTENCE AND VALIDITY? - CULTURE VOCABULARY - 2024

The elements of existence and validity within the legal act comprise a series of conditions that are absolutely necessary and essential for the correct exercise of the right.

By definition it is understood that without the elements of existence, the legal act cannot be formed, and without the elements of validity, it is null.

Among the elements of existence (also called essential), are the consent, object and solemnity, without them it is said that the legal act cannot come into being.

The elements of validity are capacity, absence of vices of will, formality and legality. Even if a legal act comes into being, without the elements of validity it is invalid.

Elements of existence

For the existence of any contract, the following elements must be fulfilled, without them a legal act cannot be initiated.

1- consent

It corresponds to the voluntary nature of a consensual contract on the part of both sides. It is the basis of any legal activity, where one party decides to offer a proposal and the other to accept it under a series of previously agreed conditions.

Consent can be given verbally or in writing. In the latter case, by means of a document that must be signed, thus approving the proposed terms.

2- Object

It literally refers to the good, entity or physical object on which a contract is drawn up. This object must exist, although there may also be a commitment to its existence in the future.

This usually happens in real estate, where deals are agreed for properties that are not yet built (but it is attested that they will be in the future).

3- Solemnity

They are mandatory requirements by law for the achievement of certain legal acts, normally the registration of documents in official entities of the state.

An example of acts with solemnity are marriages and divorces.

Validity elements

Although formed, a legal act needs the validity elements to be considered official, otherwise it will be null.

1- Capacity

Certain conditions are required in many cases for different legal events such as the sale of real estate or marriages.

The capacities are these conditions or administrative requirements, such as the age of majority.

2- Absence of vices of will

The validity of a legal act requires the will or consent of the person. However, it cannot be influenced by external sources such as scams, threats of violence, blackmail or disabilities in the person (handicap, injuries, mental disability).

3- Formality

As with the capacity, the legal exercise requires certain rules and formalities that prove a document as legal or not, be it a contract, an act of marriage, death or a will.

Although a document may indicate the will of two parties in the form of a contract, if it is not properly formed or lacks all the parameters required by law, it will be canceled.

4- Lawfulness

A legal act can only be valid if the conditions it establishes comply with the laws where it is supposed to be executed.

In other words, a contract will only be valid if what is written in it does not violate the law.

References

1. Irayz Oropeza (sf). Essential or existence elements of the legal act. Retrieved on December 12, 2017, from Monographs.
2. Luis Arman (February 7, 2016). Elements of existence and validity of the Legal Act. Retrieved on December 12, 2017, from Obligations on demand.
3. Essential elements of the legal act (nd). Retrieved on December 12, 2017, from Legal Definition.
4. Legal act (2014). Retrieved on December 12, 2017, from Enciclopedia Jurídica.
5. Elements of existence and validity (sf). Retrieved on December 12, 2017, from Legal Definition.