Understanding Legal Facts, Acts, and Business Elements
Legal Fact Classification
As Defined:
- A: Bare facts
- B: Facts of nature
As Its Effects:
- A: Acquisitive
- B: Extinctive
- C: Amending
Legal Fact: Facts or events that produce intentional or unintentional acquisition, modification, or loss of rights. Exploitation are the events of nature that emanate from legal consequences. These events produce effects such as rights, death, and birth.
Mere Facts: Simple facts of nature with no legal effect.
Acts of Nature: Have legal effects.
According to Its Effects: Involves the combination of the right with men.
Human Actions: Actions performed to produce legal effects, including the modification, processing, extinction, and acquisition of rights and obligations.
Rating Legal Acts
- A: Unilateral – Bilateral
- B: Inter vivos – Mortis causa
- C: Expensive – Free
- D: Legal – Illegal
- E: Solemn – Not solemn
- A: Unilateral: The existence of the act or business depends on a single subject (will manumission acceptance of inheritance).
- Bilateral: The existence depends on an agreement of two or more subjects (society, marriage).
- B: Inter vivos: Effective during the life of the parties (leasing).
- Mortis causa: Governs its effects after the death of disposing (will).
- C: Costly: An economic advantage is gained by consideration of a detached property (the donation).
- Free: The advantage is enhanced without charge.
- Lawful: Performed with the right.
- Illegal: Not done with the right.
Solemn – Not Solemn: Requires the will to accompany the formalities required by law. Meets certain requirements of law.
Act: The standard instrument to draw people to govern on its own interests within the limits of the law.
Elements of a Business or Legal Act
Legal Business:
- A: Essential elements:
- a.1 Manifestation of the will
- a.2 Object
- a.3 Cause
- a.4 Form
- B: Natural elements
- C: Accidental elements:
- c.1: Condition
- c.2: Term
- c.3: Mode
Essential Elements: Those without which there can be no legal act or transaction; therefore, also called requirements.
Manifestation of Will: The disposition or resolution of the will to do something manifests consent.
The Object: Defined by the right thing on which the parties create, modify, transmit, or extinguish a legal relationship.
The Reason: In early Roman law, business was not interested in abstract explanations of the cause, even if illegal or contrary to mores.
Form: This item appears only when the act or transaction is solemn. In ancient Roman law, the general rule was generally solemn verbal rites.
Natural Elements: In the nature of the act or business but are not necessary to conceive. Even if the parties do not mention them, they are implied but not essential, as the parties may expressly determine their exclusion.
Accidental Elements: Those that parties may legally incorporate into the act or business and whose existence neither essential nor presumably depends on the will and usually are the conditions within the mode and the penalty clauses.
Condition: A future and uncertain event whose realization depends on the effectiveness of the legal business hub. Example: If you rent the house back from Italy, Thirsis.
Term: A future event that is dependent upon the birth or termination of the legal act or transaction. May be suspended if their function is to prolong or delay the birth, and solving a search for extinction.
Mode: Designates a clause added to the acts of generosity by means of which the beneficiary is imposed specific behavior axis. Example: Simplicio be my heir in the estate but must build a church.