ACTO JURÍDICO (Perú): Concepto/Elementos/Efectos/Características

Summary

In this video, the concept of a 'legal act' is explained in a concise and informative manner. A legal act is the manifestation of will aimed at producing legal effects, which the law recognizes and protects. It involves four key characteristics: human action, voluntariness, legality, and the intent to create legal consequences. The video outlines three essential elements: capacity of the subject, possible object, and lawful purpose. It also touches on natural and accidental elements that can modify or add conditions to legal acts. Lastly, the video discusses the five main effects of legal acts, including creating, modifying, and extinguishing legal relationships.

Takeaways

• 😀 An act of law is a manifestation of intention directed at producing legal effects, recognized and protected by the law.
• 😀 Legal acts are tools for exercising private autonomy, allowing individuals to perform acts to produce desired legal consequences, within certain limits.
• 😀 The four essential characteristics of a legal act are: it must be performed by a human, it must be voluntary, it must comply with the legal order, and its immediate goal is to produce legal effects.
• 😀 Natural events, like a person's death, may have legal effects but are not considered legal acts because they are beyond human control.
• 😀 A legal act must be voluntary, meaning the individual performing the act must be aware and intentional, such as the case of a child inheriting property unintentionally.
• 😀 For an act to be considered a legal act, it must comply with the legal order. Actions like homicide, though human and voluntary, are illegal and thus not legal acts.
• 😀 The ultimate goal of a legal act is to create legal effects, distinguishing it from declarations made in judicial processes that do not directly create legal consequences.
• 😀 Legal acts are made up of three elements: essential elements, natural elements, and accidental elements.
• 😀 Essential elements are necessary for a legal act to exist, including a capable subject, a physically and legally possible object, a lawful purpose, and compliance with the required form when mandated by law.
• 😀 Natural elements are often present in legal acts but can be altered by the parties involved since they are governed by dispositive norms.
• 😀 Accidental elements, also known as modalities, are introduced by the parties to a legal act and include conditions, deadlines, and obligations.
• 😀 Legal acts can create, regulate, modify, recognize, or extinguish legal relationships, such as the creation of obligations or the termination of agreements.

Q & A

What is the concept of a 'juridical act' as explained in the video?

A juridical act is a manifestation of will aimed at producing legal effects, which are recognized and protected by law. It is a tool through which private autonomy is exercised, allowing individuals to perform acts that will have legal consequences.

What are the four essential characteristics of a juridical act?

The four essential characteristics are: 1) It must be performed by a human being, 2) It must be voluntary, meaning the individual must have awareness and intention, 3) It must comply with the legal framework, 4) Its immediate goal must be to produce legal effects.

Why is the distinction between juridical acts and natural events important?

Natural events, such as the death of a person, may have legal consequences, but they are not juridical acts because they are not within the control of human will, unlike juridical acts which are intentional and voluntary.

Can you provide an example where the voluntary nature of a juridical act is not met?

An example is when a person inherits something without their intention, such as receiving an inheritance they were unaware of. Since the inheritance occurred without the person's will, it wouldn't be considered a juridical act.

What does it mean for a juridical act to be in accordance with the law?

For a juridical act to be lawful, it must comply with the legal order. For instance, acts like homicide, although voluntary and committed by a human, are illegal and thus not juridical acts.

Why are actions like declarations in a legal process not considered juridical acts?

Declarations in legal processes, such as testimony, are not intended to produce legal effects directly but only to support or verify facts, so they do not fulfill the purpose of producing juridical consequences.

What are the three main elements of a juridical act as described in the video?

The three main elements are: 1) Essential elements, which are necessary for the existence of the act, such as a capable subject, a possible object, and a lawful purpose; 2) Natural elements, which are usually present but can be altered by the parties' will; 3) Accidental elements, such as conditions, terms, and charges, which are introduced voluntarily by the parties.

What are 'natural elements' in a juridical act, and can they be altered?

Natural elements accompany a juridical act but can be modified by the parties' will. These elements are not mandatory but are provided by a dispositive norm, meaning they can be changed by the parties involved in the act.

What role do 'accidental elements' play in a juridical act?

Accidental elements, such as conditions, terms, and charges, are external stipulations introduced entirely by the will of the parties. They are not required by law but are added to the act to modify or shape its execution.

How does a juridical act affect relationships between parties, according to the video?

A juridical act can create, regulate, modify, recognize, or extinguish legal relationships between parties. For example, a contract creates a legal relationship, a modification can alter an existing relationship, and a declaration can recognize pre-existing obligations.