THE 3 ELEMENTS OF THE MOST IMPORTANT LEGAL ACT - CULTURE VOCABULARY - 2024

The elements of the legal act constitute the substantive requirements and in such a way that the legal system establishes as conditioning factors of its existence and validity.

The legal act is the unilateral and plurilateral, voluntary and conscious manifestation made with the intention of creating, transferring, modifying or extinguishing rights and obligations.

For this manifestation of will to take full effect, it must be carried out in accordance with the legal provisions established in the applicable legal system.

Such provisions are the constituent elements of legal acts, which must concur and be integrated as an exclusive condition for the existence, recognition and generation of legal effects.

The 3 main elements of the legal act

1- Essential

They are those that must be present in an indispensable way for the act to be considered as existing and valid.

The absence of any essential element or of existence affects the legal act in question, to the point that it may not have any effect. The essential elements are of existence and validity

Of existence

They are those that, if they are not present and integrated, lead to the absolute nullity of the act. For example:

- The will and consent expressed freely and consciously.

- The subject or subjects, also called parties, who are the natural or legal persons who carry out the act.

- The object, referring to what the parties agree to deliver or do.

- The cause or generating action, understood as the end desired by the parties.

- The formality; that is, the solemnities that according to the law must accompany the manifestation of the will of the parties.

Validity

These requirements do not prevent the configuration of the act. However, its omission may make it voidable. For example:

- The will free of vices.

- The legal and possible object and cause. The legal act whose object is the commission of a crime lacks validity as a result of the illegality of its object.

- The capacity, referring to the ability of the parties to acquire, enjoy and exercise a right.

2- Natural

They are those that the legislation attributes to each specific legal business. Considering the nature of the act, these elements always exist even if the parties do not include them or do not take them into account.

For example:

- The right of preference in the case of inheritances, communities and associations.

- The guarantee of eviction (loss of a right) due to material defects of the object and the sanitation of the law.

- Interest, when it comes to borrowing money.

3- Accidental

Accidental elements are expressly incorporated by the will of the parties. Its determination does not affect the existence and validity of the legal act, provided that its essence is not distorted or any legal provision is violated.

Some of the accidental items are as follows:

Condition

It is a future and uncertain event on which the birth (suspensive condition) or the extinction of a right (condition resolutory) is made dependent.

Term

It is a future and certain event on which the enforceability or extinction of a right depends.

Mode

Represents an accessory obligation that must be performed by the acquirer of a right.

References

1. Legal act. (October 26, 2017). In: es.wikipedia.org
2. Legal act. (sf). Retrieved on November 30, 2017 from: brd.unid.edu.mx
3. Godínez, L. (sf). The Legal Act. Elements, Ineffectiveness and its Confirmation. Retrieved on November 30, 2017 from: magazines-colaboracion.juridicas.unam.mx
4. Facts and Legal Acts. (sf). Retrieved on November 30, 2017 from: gc.initelabs.com
5. Ríos, R. (sf). Theory of the Legal Act. Retrieved on November 30, 2017 from: einaldorios.cl