Direito Civil - Aula 66 - Existência, Validade e Eficácia dos Negócios Jurídicos

Summary

In this lecture on the validity, existence, and effectiveness of legal transactions, the speaker explains the key elements that make a legal transaction valid according to the Civil Code. These elements are the agent, object, form, and manifestation of will. The discussion is structured around three key aspects: existence (whether the transaction exists), validity (whether it is in compliance with legal requirements), and effectiveness (whether it produces the intended legal effects). The speaker provides examples of invalid transactions, highlighting the importance of fulfilling all legal requirements for a transaction to be recognized and produce effects.

Takeaways

• 😀 Legal transactions must be analyzed through three perspectives: existence, validity, and effectiveness.
• 😀 For a legal transaction to exist, it must have four essential elements: an agent, an object, a form, and a manifestation of will.
• 😀 A legal transaction is considered nonexistent if any of the essential elements are missing or improper, such as a testament made for a dog.
• 😀 An object that is impossible, like buying land on the Moon, renders a legal transaction nonexistent, regardless of the formal contract.
• 😀 The form of a legal transaction must comply with legal requirements; for example, a marriage certificate made by hand is considered nonexistent.
• 😀 A transaction must include a manifestation of will, meaning that if one party doesn't express consent (e.g., a seller not signing a contract), it is nonexistent.
• 😀 Validity of a legal transaction requires that all conditions specified in Article 104 of the Brazilian Civil Code are met, including a capable agent and a lawful object.
• 😀 Transactions signed by an incapable person, such as a minor under 16, are invalid, as the agent must be capable under the law.
• 😀 A legal transaction may be invalid if its object becomes impossible to perform, such as a contract with an artist who passes away before completing the work.
• 😀 If the required form or documents are falsified, the transaction remains existent but invalid, as in the case of a forged public power of attorney.
• 😀 The effectiveness of a legal transaction refers to whether it produces the intended legal effects; even a valid contract may not be effective if conditions or terms are pending.

Q & A

What are the three main levels at which a legal transaction is analyzed according to the script?

The three main levels are: the existence of the transaction, its validity, and its efficacy.

What are the four elements required for a legal transaction to exist?

The four elements are: the agent, the object, the form, and the manifestation of the will.

What does the term 'plan of existence' refer to in the context of a legal transaction?

The 'plan of existence' refers to verifying whether the legal transaction exists by checking if the required four elements (agent, object, form, and will) are present.

Can you give an example of a legal transaction that is considered nonexistent due to an invalid agent?

An example is a will made in favor of a dog. This transaction is nonexistent because the agent (the dog) is not a capable human being.

What makes a legal transaction with an impossible object invalid?

A transaction involving an impossible object, such as a contract for the purchase of land on the moon, is invalid because it is impossible to fulfill.

How is the 'form' of a legal transaction important for its existence?

The form must adhere to the legal requirements. For example, a marriage certificate created at home by hand would be considered nonexistent because it doesn't follow the prescribed form that the law requires (being done at a registry office).

Why is the manifestation of will crucial in a legal transaction?

The manifestation of will is essential because if one party, like a seller, does not sign a contract, there is no legal transaction. The contract is considered nonexistent due to the lack of voluntary agreement.

What does the 'plan of validity' in a legal transaction entail?

The 'plan of validity' refers to ensuring that the transaction meets all the requirements outlined in Article 104 of the Brazilian Civil Code, such as having a capable agent, a lawful and possible object, the prescribed form, and free consent.

What would happen if a legal transaction has a contract signed by a minor under 16 years of age?

The contract would be invalid because minors under 16 years are considered incapable of entering into binding legal transactions under the law.

What is the significance of a condition or term in a legal transaction's efficacy?

A condition or term can delay the effect of a legal transaction. For instance, if a purchase agreement is contingent on loan approval, the transaction is valid but may not produce effects until the loan is approved.