A legal act is a manifestation of the will to create, modify, transfer or extinguish a right, with a favorable result for whoever promotes the action.
A legal fact is any act that has a legal consequence. These consequences can encourage the creation, modification, transfer or extinction of a right.
Although every legal act is a legal fact, only legal facts that are of human, lawful and voluntary origin can be considered legal acts.
| Legal act | Legal fact | |
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| It is the manifestation of will to create legal relationships, through the creation, modification or extinction of a right. | It is an act that generates legal consequences. | |
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Index
What is a legal act?
It is an act of a conscious and voluntary nature carried out by an individual whose purpose is to establish legal relationships.
As a result of a legal act, a right or obligation can be created, modified, transferred or terminated.
Essential elements of the legal act
For a legal act to be considered valid, it must have these elements:
- Subject : person or group of people who intervene in the legal act so that it can be carried out. This is the case of legal representatives, successors or third parties.
- Manifestation of will : it is the free consent expressed by the subject to carry out the legal act.
- Purpose : the fact or for which the legal act will be carried out. It cannot be impossible, illegal, or contrary to good customs.
- Cause : it is the determining end of the will to carry out the legal act. For example, the reason a person had to sell a property.
- Form : these are the requirements that must be met to carry out the legal act (drafting the contract, signing before a notary, etc.).
In a legal act there may also be natural elements, which are those inherent to each specific legal act, and accidental elements, which are those that are added in a manner agreed by the parties.
Types of legal acts
Positive and negative legal acts
A legal act is positive when it involves the execution of an action. The sale of a car implies the willingness to deliver the good in question, for example. While in negative legal acts the subject refrains from executing the action, for example, refusing to comply with the schedule established in the employment contract.
Unilateral and bilateral legal acts
If a legal act requires the will of a single subject, it is unilateral (the sale of a house that you own). When the will of more than one subject is required, it is a bilateral legal act (such as marriage).
Legal acts between living or last will
An act between living is considered one that does not depend on the death of the subject to take effect (such as a contract). On the other hand, if the legal effects begin after death, it is a legal act of last will, such as inheritances.
Free and onerous legal acts
If the act in question requires the obligation of both parties involved, it is an onerous act, such is the case of purchase-sale contracts. If, on the contrary, only one of the parties has obligations, then it is a gratuitous act, such as donations.
Formal and non-formal legal acts
As its name indicates, formal legal acts imply the presentation of a series of precautions in accordance with current laws. To carry out a civil marriage, the presentation of certain documents is required, for example. This is not necessary in non-formal legal acts, as is the case with rental contracts.
Main legal acts and accessories
The main legal acts are those that exist by themselves, such as a purchase-sale contract. Ancillary legal acts depend on a main act, such as the sale of property with mortgages.
Patrimonial and extra-patrimonial legal acts
A legal act that implies an economic sense is a patrimonial act. Everything that is outside this area, especially if it has to do with the family environment, is considered extra-patrimonial, such as marriage.
Administration and disposition
In an act of administration, the patrimony is conserved or increased, as it happens with the rents. While in disposition, equity decreases, as would happen with a sale.
What is a legal fact?
A legal fact is an act or phenomenon that, when it occurs, generates a legal effect, foreseen and typified in the current regulations.
The legal facts can originate in acts of human behavior or of nature and will always be contemplated in the legal system. When executed, they give rise to a right that can be created, changed, given to a third party or can be lost, depending on compliance with the laws.
Types of legal facts
According to its origin, a legal fact can be natural or human:
Natural legal fact
They are promoted by nature and have legal effects. For example, a natural disaster that causes material or human losses can trigger a series of legal consequences, such as lawsuits, fines, etc.
Human legal fact
They are acts carried out by an individual or group and can be involuntary (a car crash) or voluntary (signing a contract). In the latter case, they are legal acts.
Depending on their structure, legal facts can be simple or complex:
Simple legal facts
They are those that are generated from a single act, such as the birth or death of a person.
Complex legal facts
They are subject to various acts, such as the possession of an asset. In this case, it requires both the property, property or thing itself, and the intention to be the owner.
Depending on the type of action, they can be positive or negative:
Positive legal facts
They require a doing or a change of circumstances for the event to occur. For example, homicide.
Negative legal facts
They involve the omission or abstention of an action, such as a default of payment.
Depending on their temporality, the legal facts can be simultaneous or successive:
Simultaneous legal events
They are carried out in a temporary period, such as in the case of a robbery.
Successive legal events
They imply an extension in time, like a kidnapping, which implies the deprivation of liberty for a period.
See also direct and indirect protection
