Essential and Accidental Elements of Legal Acts
Essential Elements of Legal Acts
Essential elements are crucial for a legal act’s validity. Without them, the act is void or transforms into something different.
General Essentials
- Will: The intention to perform the act.
- Purpose: The objective of the act.
- Cause: The reason behind the act.
- Formalities: Legal requirements, if any.
Specific Essentials
These vary depending on the type of legal act. Their absence can invalidate the act or alter its nature.
Natural Elements
These are inherent to a legal act but can be excluded by specific clauses.
Accidental Elements
These are added by the parties through special clauses and are not essential or natural.
Will and Consent
Will refers to the intention in unilateral acts, while consent is the agreement in bilateral acts.
Formation of Will
In unilateral acts, it’s the single party’s will. In bilateral acts, it’s formed through offer and acceptance.
Dolo (Intent)
Dolo is the deceitful intent to harm or defraud someone, influencing their consent in a legal act.
Errors in Legal Acts
Errors can affect the validity of consent.
Types of Errors
- Error in negotia: Error about the nature of the act.
- Error in corpore: Error about the physical identity of the object.
- Error in substance: Error about the essential qualities of the object.
- Accidental error: Error about non-essential qualities.
- Error in person: Error about the identity of the counterparty.
- Error in amount: Error about the quantity or extent of the object.
- Error in quality: Error about a non-essential quality (considered an accidental error).
- Error in grounds or case: Error about the reasons.
Effects of Errors
Errors can vitiate consent, making the act void or voidable, depending on the type of error and the legal system.