UNILATERAL DECLARATION OF WILL: CHARACTERISTICS, EXAMPLES - ARTE - 2025

The unilateral declaration of will is a voluntary legal act that requires one or two wills to be executed. If there is only one will expressed, it is an act by which a person, thanks to the power provided by the legal system, becomes a debtor in a legal relationship, without considering the opinion of the creditor.

The unilateral declaration of will is a source of obligations that is regulated in the Civil Code in articles 1860 to 1881, following the line marked by the German Civil Code of 1896, which affirms the value and binding force of the expression of the unilateral will.

characteristics

Source of obligation

The unilateral declaration of the will is characterized by being one of the sources of the obligations. It is essential to determine whether the declaration of intention to fulfill a service may be the source of an obligation.

In some cases, jurisprudence grants the unilateral declaration of will the power to be the source of an obligation.

Normally - in the cases in which the unilateral declaration produces an obligation or debt for the person making it - a specific acceptance of the other party is required: the creditor. Then, the case is directed towards a contract that is generated with the acceptance of the creditor.

It is important to understand that whoever enters a contest with a specific prize, somehow accepts the reward and the contest rules. In this way, it is again oriented towards the figure of a contract.

However, in some cases the public contest as a unilateral declaration of will cannot oblige whoever carries out the subject conduct to do so consciously.

If this happens, it is feasible to think that it is an obligation that arises from the unilateral declaration of will, through which the contest is publicized.

Conflict with classical thought

The notion that the unilateral declaration of will is a source of obligations is in direct conflict with classical thinking, according to which only common wills can have this effect.

Despite this, looking at the legal landscape provides evidence that there are many obligations that emanate solely from a person's unilateral declaration.

Binding force

Regarding the binding force, each legal system can express different regulations.

For example, the Mexican legal system in its civil sphere understands that promises are part of unilateral declarations of will. Article 1860 establishes that the owner will be obliged to comply with the offer provided that he has made a public offer at a fixed price.

However, in the Argentine legal system it is not granted binding force, since in its article 1148 it states that the promise is only demandable if it is made to specific people. In this case there are exceptions, such as the assumption of the promise of reward.

Obligatory effectiveness

The mandatory effectiveness of the unilateral declaration of will is another element that can be confusing.

The doubts that arise have to do with the moment of establishing the time frame in which the obligation will be generated as a result of the fulfillment of a planned conduct.

In the case of two people who have complied with the conduct, questions also arise as to which of the two individuals gets the right to credit.

These doubts arise because the solution has not been previously established in the declaration of will. Normally an attempt is made to redirect the matter, using criteria of habit and good faith.

Types

Stipulation in favor of third parties

It is a unilateral declaration of will according to which one of the parties to a contract establishes a burden, which implies that another promises that it will carry out a specific service in favor of a third party.

Offers to the public

It is a unilateral declaration of will addressed to anyone who knows it. Said declaration must include the basic elements of a service that one is willing to fulfill, formulated with the will to satisfy. These elements are:

-Promise of a reward.

-Offer of the sale.

-Competition of the promise of sale.

Civil documents payable to bearer or to order

A promise of a civil document payable to order or to bearer is a type of unilateral declaration act. It is necessary to provide the document to the bearer or with endorsement, to validate and request what was promised.

The power

It is a document through which an individual provides another (the attorney-in-fact) the power to represent him in certain legal acts. They are normally granted before a notary in a public deed.

Examples

Sale offer example

When you want to sell a home, you make a sale offer on various real estate websites. It is a one-part offer open to anyone who is interested.

Power example

An elderly person decides to grant a power of attorney to a third party (his lawyer) so that he can carry out financial procedures on his behalf. It is a unilateral declaration of the will to assign their representation to another.

Reward promise example

A person offers a reward to whoever finds their purebred dog, which has been lost on a family outing to the city center.

It is a one-sided declaration of the will to deliver money to whoever delivers or knows the whereabouts of the animal.

References

1. Rodrigo Bercovitz Rodríguez-Cano. The unilateral declaration of will. infoderechocivil.com
2. Legalmag (2016). Unilateral declaration of will. definicionlegal.blogspot.com
3. Hilda (2009). The unilateral declaration of will. Law.laguia200.com
4. Civil obligations (2016) Unilateral declaration of will. Obligacionescivilesuvmtuxtla.blogspot.com.
5. Legal encyclopedia. One-sided will.