FATOS X ATOS X NEGÓCIOS JURÍDICOS - DIREITO CIVIL - AULA A DOIS

Summary

In this video, the speaker explores the concept of 'legal facts,' differentiating between ordinary and extraordinary natural facts, as well as legal acts and legal business. The speaker explains that legal facts are events recognized by law as significant enough to create legal consequences, while legal acts and business are driven by human will. Examples like buying a book (legal fact) versus reading a book (mere fact) are given to illustrate these distinctions. The video aims to clarify complex legal concepts like contracts, marriage, and adoption, making them easier to understand, while preparing for further exploration of legal business in upcoming content.

Takeaways

• 😀 A legal fact is any event in the world, such as waking up, sitting down, or reading a book, but not all events are legal facts.
• 😀 A legal fact becomes a 'legal' fact when it has legal significance, meaning it is recognized by the legal system as having consequences under the law.
• 😀 For example, reading a book is just an event, but buying a book is a legal fact because it is recognized by law as an action with legal consequences.
• 😀 A legal fact is triggered by a human action (legal act) or occurs naturally without human intervention (natural fact).
• 😀 Legal acts are those facts that are created by human will, such as marriage, adoption, or fixing one's domicile.
• 😀 Natural facts are events that occur without human involvement and can be divided into ordinary (e.g., birth, death) and extraordinary (e.g., natural disasters).
• 😀 Ordinary natural facts are predictable and happen regularly, like birth or death, whereas extraordinary natural facts are unpredictable, like a force majeure event.
• 😀 Legal facts are also categorized into legal acts (human-induced) and legal transactions (businesses or agreements involving human will).
• 😀 A legal act in a strict sense is an event where the legal effects are predetermined by law, such as marriage or adoption, where the individual's will is limited to performing or not performing the action.
• 😀 A legal transaction is a broader concept where the individual's will plays a more significant role in determining the content, such as in contracts, where the terms are defined by the parties involved.
• 😀 The speaker promises to explore more topics related to legal transactions and legal facts in future content, and encourages the audience to engage with the video by subscribing, liking, and sharing.

Q & A

What is the difference between a simple 'fact' and a 'legal fact'?

A 'legal fact' is an event that the legal system recognizes as significant and capable of producing legal effects. While any event (like waking up or reading a book) is a simple fact, a legal fact must have relevance in the legal context, such as buying a book, which has legal implications, unlike simply reading it.

Why does the legal system recognize certain facts as 'legal facts'?

Certain facts are recognized as 'legal facts' because they align with the legal framework that defines events capable of generating legal effects. For example, the legal system may define the purchase of a book as a legal fact because it follows the guidelines set by laws such as those found in the Civil Code regarding sales contracts.

What is the role of legal provisions in transforming an event into a legal fact?

A legal fact becomes a 'legal fact' when it aligns with a general legal provision, like a law or a rule, that acknowledges the event as significant in the legal sphere. For instance, the Civil Code recognizes a purchase as a contract, thereby transforming the act of buying into a legal fact.

What is the difference between a 'legal act' and a 'legal fact'?

A 'legal act' is a legal fact that results from human intention or will, like marriage or adoption. On the other hand, a 'legal fact' can also refer to natural events (such as birth or death), which do not require human intervention, but still generate legal effects.

How does a 'legal act' differ from a 'juridical business'?

A 'legal act' is typically an event initiated by human will that is governed by predefined legal rules. Examples include marriage or adoption. A 'juridical business' is broader, where human will defines the contents of the event, like a contract, where the parties involved have more control over the terms.

What are examples of natural legal facts?

Natural legal facts are events that occur without human intervention and are generally predictable, such as birth and death. These events are considered legal facts because they produce legal consequences, such as inheritance laws that come into play after a death.

What are extraordinary natural facts?

Extraordinary natural facts are events that are unpredictable or unforeseen, such as natural disasters or force majeure events. These occurrences are typically outside human control and have legal implications depending on the situation.

How does the concept of 'licitude' relate to legal acts and facts?

The concept of 'licitude' refers to the legality or acceptability of actions within the legal system. In the context of legal acts and facts, it is assumed that the actions being discussed are lawful, meaning they do not involve any illegal conduct. Illegal acts would fall under a different legal category.

Can you give an example of a juridical business?

A classic example of a juridical business is a contract. In a contract, the parties involved exercise their will to define the terms and obligations, such as in a sales agreement, where both the buyer and seller agree on the price and terms of the transaction.

What is the role of human will in distinguishing legal acts from natural facts?

Human will plays a critical role in distinguishing legal acts from natural facts. Legal acts, such as marriage or adoption, are initiated by human intention. In contrast, natural facts like birth or death happen independently of human choice, although they can still generate legal effects.