The elements of validity of the legal act are the manifestation of will, legality, absence of defects, capacity, formality and form. These 6 elements address the necessary requirements to qualify a legal act as legal and give the necessary endorsement, for example, to a contract between two or more people.
Several authors consider that the object is also an element of validity, although it is currently classified as an element of existence, since without it, the legal act is not founded.
However, most studies and publications related to laws only include the 6 elements mentioned above.
Elements of validity of the legal act
A legal act is supported by the elements of existence, however it is the elements of validity that give it legality.
Within these definitions, it can be understood that even when correctly formed, a legal act is only valid if it meets the validity requirements, otherwise it becomes null.
1- Manifestation of will
It is the explicit decision of an individual to participate in a legal exercise and all that this implies. This manifestation of will is normally understood as the affirmation of a person when taking an action.
There are occasions where the expression of will in an action is not exactly explicit, but is interpreted.
The right to remain silent is an example of an unspoken or unspoken expression of will.
The laws require that both the reason, conditions and object of any legal act are legal and lawful.
This implies that no contract or legal document is credited as valid if its content indicates any principle of criminality.
A legal act must be expressed, generally in writing or verbally, to leave a record of the practice of the exercise.
Normally in many procedures that must be managed in public offices – such as marriages, divorces or the purchase and sale of real estate – the written mode is used in the form of contracts and documents.
These are the requirements that the people participating in the legal act must meet. Said capacity to power or not be part of a contract or legal action can be ignored (or modified) in extraordinary cases such as death.
These conditions normally correspond to the age of majority, nationality or legal situation such as criminal charges and accusations.
Like capacity, formality encompasses a series of obligations necessary for the legal act, but in this case they do not refer to the participating individuals, but to the support of the form.
It is usually applied to public offices where the form must be written (as a document) and verified by officials and notaries.
6- Absence of vices
The absence of vices establishes that the manifestation of will must be totally spontaneous and without any type of negative influence, be it blackmail, unreported errors, physical attacks against the person or some type of disability that does not allow you to know the terms and conditions of the legal act in question.
- Theory of Law (nd). Retrieved on December 13, 2017, from Teoría del Derecho.
- Andrés Cusi (June 29, 2014). Validity Requirements of the Legal Act. Retrieved on December 13, 2017, from Andrés Cusi.
- Irayz Oropeza (sf). Elements of validity of the legal act. Retrieved on December 13, 2017, from Monographs.
- The Legal Act and its elements. 816 March 2013). Retrieved on December 13, 2017, from Legally.
- Elements of validity of the legal act (June 27, 2012). Recovered on December 13, 2017, from Civil Obligations.