FATO, ATO e NEGÓCIO JURÍDICO: Conceito, Diferenças e Classificação | Noções de Direito Civil

Summary

In this educational video, Cíntia Brunelli simplifies the complex concepts of 'fato jurídico', 'ato', and 'negócio jurídico' for civil law students. She distinguishes legal facts from ordinary events, categorizes natural occurrences, and explains the importance of human will in legal acts and contracts. The video offers practical examples to clarify these concepts, emphasizing the necessity of understanding the basics for a strong foundation in law studies. Cíntia encourages consistent daily learning and provides a course link for further study.

Takeaways

• 📚 Start with the basics: The video script is an introduction to the concepts of 'fato' (fact), 'ato' (act), and 'negociação jurídica' (legal transaction) in civil law.
• 🧩 Facts in law: A 'fato jurídico' (legal fact) is an event relevant to the law, such as a child accidentally breaking a neighbor's vase with a ball, which triggers legal consequences.
• 🌿 Natural facts: These are events not dependent on human will and are divided into ordinary and extraordinary, like predictable events and unforeseeable occurrences like a pandemic or a hurricane.
• 🤝 Human acts: Legal facts can also be the result of human actions, such as a legal act, legal transaction, or a legal fact act, which involve human will and have legal effects.
• 📜 Legal acts: An 'ato jurídico' is the expression of human will with predetermined legal effects, like the recognition of a child that immediately brings legal obligations like alimony.
• 📝 Legal transactions: 'Negócios jurídicos' involve the will of one or more parties and are not solely based on the law but also on the parties' agreement, like a contract for the sale of property.
• 🔗 Requirements for legal transactions: To be valid, legal transactions require full capacity (usually at 18 years old), a lawful object, and a form that is not prohibited by law.
• 🚫 Nullity of transactions: Transactions can be nullified if they lack will, such as when someone is coerced into signing a contract.
• 🚲 Legal fact acts: An 'ato fato jurídico' involves a human act where the will is not relevant, and the focus is on the factual consequences, like a child unknowingly making a disadvantageous trade.
• 📈 Consistent study: The script advises consistent daily study to gradually build a strong foundation in law without overwhelming oneself.
• 👣 Steady progress: The importance of making small daily steps in learning is emphasized, comparing it to the fable of the hare and the tortoise, where consistency leads to success.

Q & A

What is a legal fact according to Cíntia Brunelli?

A legal fact is an event or occurrence that is relevant to the law. Not all facts are legal facts; only those with legal significance are considered as such.

Can you give an example of a fact that is not a legal fact?

A child playing ball inside an apartment is not a legal fact as it has no legal relevance.

What transforms an ordinary fact into a legal fact?

A fact becomes a legal fact if it causes damage or requires legal intervention, such as a child's ball breaking a plant vase that falls and damages a neighbor's car.

What are the two main categories of legal facts mentioned in the script?

Legal facts can be categorized into natural facts (acts of nature) and human acts.

How are natural facts further classified?

Natural facts are classified into ordinary facts (predictable events) and extraordinary facts (unpredictable events, such as acts of God or force majeure).

What is the difference between case fortuito (fortuitous event) and force majeure?

A case fortuito is an unpredictable event, while force majeure is an event that could be predicted but not prevented, such as a hurricane.

What is a legal act and how does it differ from a legal transaction?

A legal act is a human action with effects provided by law, such as the recognition of a child, which automatically generates legal consequences. A legal transaction involves the will of one or more persons with effects determined by both the law and the parties involved, such as a contract.

What elements are necessary for a valid legal transaction?

A valid legal transaction requires a capable agent (full legal capacity), a lawful and possible object, and the form prescribed by law or not prohibited by law.

Can you give an example of a unilateral legal transaction?

An example of a unilateral legal transaction is a will, where only one person's will is involved in creating the legal document.

What is a legal fact-act and how does it differ from a legal act?

A legal fact-act involves a human act where the will is not relevant, but the consequence is. An example is a child buying a popsicle; the child's will is legally irrelevant due to their age, but the act is seen as a legal fact-act due to the resulting purchase.