Chilean Civil Code: Acts and Consent
Acts and Statements of Will
Article 1445
For a person to be bound by an act or declaration of will, it is necessary:
- To be legally capable.
- To consent to the act or declaration, with consent free from vices.
- To have a lawful object.
- To have a lawful cause.
Legal capacity is the ability to bind oneself without the need for another’s ministry or approval.
Article 1446
All persons are legally capable except those declared incapable by law.
Article 1447
The insane, prepubescent, and deaf individuals who cannot communicate in writing are utterly incapable.
Their actions do not produce obligations, not even natural ones, and no bail is allowed.
Adults and minors unable to manage their affairs are also incapable. However, their actions may have value in certain circumstances as determined by law.
Specific disabilities imposed by law on certain persons to perform certain acts also exist.
Article 1448
An act performed by a person on behalf of another, empowered by law or the principal, produces the same effects as if the principal had acted.
Article 1449
Anyone can act on behalf of a third person, even without representation. However, only the third person can sue, and the contract is revocable until explicit or implicit acceptance.
Tacit acceptance occurs through acts that could only be performed under the contract.
Article 1450
If one party agrees that a third person, without representation, has acted, the third person incurs no obligation without ratification. If not ratified, the contracting party can sue for damages.
Article 1451
Vices of consent are error, force, and fraud.
Article 1452
Error on a point of law does not vitiate consent.
Article 1453
Factual error vitiates consent when it concerns the type of act or contract, or the identity of the specific thing.
Article 1454
Error about the substance or quality of the object also vitiates consent if it is a key issue.
Article 1455
Error about the person does not vitiate consent unless the person’s consideration is the primary cause of the contract.
Article 1456
Force can vitiate consent if it produces a strong impression on a person of sound mind, considering age, sex, and condition.
Article 1457
Force used by anyone to obtain consent can vitiate it.
Article 1458
Fraud vitiates consent only when it is a party’s work and essential for the contract.
Article 1459
Fraud is not presumed except in cases provided by law.
Article 1460
A declaration of intention must be for one or more things.
Article 1461
Both existing and expected things can be objects of a declaration of will, provided they are tradable and determined.
Article 1462
An illicit purpose is anything contrary to Chilean public law.
Article 1463
The right to inherit from a living person cannot be a grant or contract.
Article 1464
There is an illicit object in the sale of things not in trade, non-transferable rights, seized goods, or litigated property.
Article 1465
Agreement not to demand more due to an approved account does not imply intent if not explicitly condoned.
Article 1466
Unlawful debts include those from gambling, prohibited books, obscene materials, and illegal contracts.
Article 1467
There must be a real and lawful cause for an obligation. Liberality or charity is sufficient.
Article 1468
What has been given or paid for an unlawful purpose cannot be recovered.