Aprende el acto jurídico en dos horas, con Fort Ninamancco Córdova | LP

Name: Aprende el acto jurídico en dos horas, con Fort Ninamancco Córdova | LP
Uploaded: 2021-08-19T00:44:43.000Z
Duration: 3 h 42 min 12 s

Introduction to Legal Acts

Overview of the Session

This session is titled "El acto jurídico en dos horas," designed as a precursor to the upcoming diploma course starting on September 15, which will cover 384 academic hours.

Exclusive benefits for participants are available until September 7, with a diverse group of instructors, including Professor Aníbal Torres Vásquez.

Key Topics Covered

The session aims to explore the main aspects of the general part of legal acts, also referred to as "negocio jurídico" in the civil code.

Participants are encouraged to engage virtually and prepare for an in-depth discussion on legal concepts.

Understanding Legal Facts

Definition and Importance

A legal fact is traditionally defined as an event that produces legal effects; however, this definition lacks specificity and depth.

The current understanding emphasizes that a legal fact can create, modify, or extinguish subjective legal situations, moving beyond mere definitions.

Critique of Traditional Definitions

The traditional definition is criticized for being vague and not providing substantial insight into what constitutes a legal effect. It merely states that it produces "legal effects."

A more precise modern definition highlights the importance of understanding what constitutes a "legal effect," focusing on its role in creating or altering rights and obligations.

Legal Situations Explained

Subjective Legal Situations

A subjective legal situation refers to the specific position occupied by an individual (natural or juridical person) within the legal system. This includes their rights and duties under law.

Classification of Legal Facts

Traditionally classified into two categories: human facts (involving human intervention) and natural facts (occurring without human involvement). Examples include natural disasters like earthquakes versus voluntary actions taken by individuals.

Human vs Natural Facts

Human facts can be further divided into:

Voluntary: Actions taken deliberately with awareness.

Involuntary: Events where individuals are involved without intention or desire due to external circumstances.

What Does It Mean for an Act to Be Lawful?

Understanding Lawful and Unlawful Acts

The concept of a lawful act involves human behavior that adheres to applicable laws and regulations, while unlawful acts violate these norms.

Traditionally, lawful actions are categorized based on whether they involve the manifestation of will; individuals may express their intent to achieve certain legal effects.

The distinction between acts with and without the manifestation of will is crucial; it determines if an individual actively desires specific legal outcomes.

Critique of Traditional Classifications

The traditional classification has persisted over time but has faced scrutiny from various scholars who propose new doctrines for better understanding civil law concepts.

Notable figures in this critique include José León Barandiarán and Lizardo Taboada Córdoba, who have contributed significantly to evolving legal thought.

Issues with Terminology and Will

Confusion arises from the terminology used in classifications; terms like "human act" can be misleading when discussing voluntary actions without explicit will.

A significant issue is determining who possesses the will to achieve legal effects—primarily those trained in law, which raises questions about accessibility and understanding of legal concepts.

Excessive Voluntarism in Legal Classification

There is a concern that excessive focus on voluntarism leads to a crisis within traditional classifications, as not all individuals can or should be expected to understand complex legal effects.

Evolution Towards European Doctrines

As traditional classifications were reassessed, attention shifted towards European doctrines that categorize legal facts more effectively into three basic types: fact, act, and business transactions.

This tripartite classification aligns more closely with established European practices dating back to Sabin's teachings in the 19th century.

Exploring Legal Facts: Definitions and Classifications

Overview of Legal Facts

A brief overview introduces the concept of "legal facts," distinguishing between strict definitions (events or occurrences recognized by law).

Types of Legal Facts

In broader terms, a "legal fact" refers simply to an event whose occurrence triggers specific legal consequences as defined by law.

Legal Implications of Events and Volition

The Role of Events in Legal Context

The legal system focuses on the occurrence of events to trigger legal effects, regardless of whether there was intention or will behind those events.

For instance, in Peruvian law, the conception of a new being is significant irrespective of whether it was voluntary or involuntary; what matters is that conception occurs.

Legal Responsibilities Arising from Events

Once conception is verified, various legal obligations arise for both parents concerning the new child.

A parent's claim to avoid responsibility based on lack of desire for conception (e.g., believing their partner had fertility issues) does not exempt them from legal duties.

Examples Illustrating Legal Principles

Another example involves finding a lost object; the law mandates reporting it regardless of how it was found—deliberately or accidentally.

This illustrates that legal obligations exist independently of personal intentions regarding how an event occurred.

Consequences Following Death

In succession law, the death's cause (natural illness, suicide, or homicide) does not affect the transfer of assets to heirs; this happens automatically upon death.

The consequences are strictly patrimonial and occur without regard to any voluntary aspect related to the death itself.

Distinction Between Acts and Events

Unlike natural events, acts require volition; for an act to produce its intended legal effects, it must be intentional.

If an act lacks this volitional element, it can be contested or invalidated under law.

Importance of Volition in Family Law

In family law contexts like adoption and marriage, actions must be voluntary for their legal effects to hold.

For example, if someone claims they were coerced into marriage (e.g., threats), this could invalidate that marriage due to lack of genuine consent.

Broader Implications Beyond Family Law

While these principles are prominent in family law, they also apply more broadly across different areas where intent plays a crucial role in determining legality.

An example discussed involved a mistaken recognition of paternity where lack of true intent could lead to contesting that recognition legally.

Limitations on Individual Autonomy in Legal Effects

Even when acts are desired by individuals, the assignment of their legal effects is governed strictly by law rather than individual discretion.

Individuals cannot self-regulate these outcomes; all implications depend solely on statutory provisions rather than personal agreements.

Understanding Legal Concepts: Autoregulation and Juridical Acts

The Nature of Autoregulation in Legal Contexts

The third type discussed involves autoregulation, emphasizing that both types require voluntary action, highlighting the importance of will in legal acts.

The primary example of a juridical business is the contract, which allows individuals to act voluntarily and establish their own terms and conditions.

A metaphor comparing juridical acts to choosing food combos at a fast-food restaurant illustrates how choices are limited by predefined options set by the provider.

Differences Between Juridical Acts and Business Transactions

In contrast to juridical acts, where legal implications are predetermined, business transactions allow for more flexibility akin to a buffet where individuals can mix and match their choices.

Individuals have the freedom to create their own rules within business transactions, unlike in strict juridical acts where outcomes are dictated by law regardless of individual will.

Regulation of Legal Events

Juridical facts (or natural facts) have consequences predetermined by law; thus, the presence or absence of will does not affect these outcomes.

There is no comprehensive regulation for all types of juridical facts in Peruvian civil code; instead, regulations are scattered across various legal provisions.

Specificity in Legal Regulations

The lack of general norms applicable to all juridical events means that each situation must be examined individually under specific regulations found throughout the legal system.

This fragmentation indicates that while some jurisdictions may share this characteristic, there is no universal set of rules governing all legal events.

Conceptual Understanding and Implications

The concept of strict factual events serves as a useful framework for understanding how laws operate without overarching regulations applying universally.

Both strict factual events and juridical acts share commonality in that their effects are established by law rather than individual intent or autoregulation.

While intention plays a role in actions taken voluntarily, it does not influence outcomes within strictly defined legal frameworks where autoregulation is absent.

Legal Framework of Strict Acts

The Nature of Strict Acts

In strict legal terms, specific intentions and durations lack relevance for the professor; declarations made by individuals are essentially null as they do not fit within the normative framework.

There is no comprehensive set of norms applicable to all strict acts; various legal actions are regulated in different sections of law, such as child recognition or its contestation.

Examples of Legal Actions

Examples include marriage and adoption, both found in Book Three of the civil code. However, there are also patrimonial examples like debt payment that illustrate strict acts.

Payment of a debt is considered a strict act where fulfilling an obligation triggers legal effects automatically, independent of individual will.

Regulatory Context

The implications surrounding the extinction of obligations are primarily dictated by law rather than personal intent; this contrasts with natural facts which lack broad regulation.

Comparative law shows that there isn't a general regulatory package for strict acts; however, Brazil's Civil Code Article 185 acknowledges these acts under business regulations when applicable.

Business Jurisprudence

Article 185 from Brazil’s 2002 Civil Code states that non-business acts fall under business regulations where feasible, indicating some level of integration between categories.

This article provides minimal reference but establishes a connection between business norms and strict acts when compatibility exists.

Importance of Business Acts

Business acts are deemed the most significant type due to their quantitative prevalence in daily life compared to other legal actions.

Individuals frequently engage in business transactions, making them more common and relevant within legal frameworks than other types of juridical facts.

Willingness and Legal Authority

The effects derived from business acts depend on the declared will of parties involved; individuals can establish their own rules within certain limits.

These self-established rules must be publicly declared to hold legal value and can be enforced through judicial systems if recognized as general categories.

Distinction Between Terms

A discussion arises regarding whether "act" and "business" are synonymous within civil codes; clarity is needed on how these terms relate legally.

Article 140 uses "act," yet incorporates classical German concepts related to business law, suggesting nuanced interpretations exist between legislative language and doctrinal understanding.

Historical Context

The historical use of "act" instead of "business" in Peruvian legislation raises questions about terminology evolution over time.

While Article 140 refers to an act as a manifestation of will (aligning with traditional definitions), it complicates discussions around terminology consistency across different contexts.

This structured summary captures key insights from the transcript while providing timestamps for easy navigation.

Understanding Legal Concepts in a Young Republic

Historical Context of Legal Influences

The discussion begins with the historical context of Peru and other South American countries, highlighting their recent transition from monarchy to republic. This shift influenced their legal frameworks and openness to foreign legal systems.

There was a reluctance to adopt influences from monarchical countries like Germany, leading to a preference for legal traditions more aligned with their new republican identity, particularly French law.

Distinction Between Legal Terms

The speaker emphasizes the difference between "act" and "business" in legal terminology, noting that while they are synonymous in legislative terms, they differ doctrinally. The influence of French law is noted as significant in this distinction.

A general regulation exists for business transactions under civil law, which contrasts with the lack of strict regulations for acts or events in a legal sense. This highlights the structured nature of business law compared to other forms of legal actions.

Effects of Legal Transactions

The concept of "negotiable effects" is introduced, defined as consequences arising from the willful declarations made by parties involved in a transaction. These effects stem directly from mutual agreements established within the framework of civil law.

It is clarified that internal will or psychological intent has no bearing on legal outcomes unless it is expressed externally; thus, only manifested intentions hold weight in court proceedings regarding business transactions.

Negotiable vs Non-Negotiable Effects

The speaker distinguishes between negotiable effects (which depend on party intentions) and non-negotiable effects (which do not rely on declared intentions). This differentiation underscores how certain outcomes are inherently tied to external expressions rather than internal thoughts or desires.

Understanding these concepts helps clarify how parties can establish rules governing their transactions while recognizing limitations imposed by external factors beyond their control.

Structure and Components of Business Transactions

The structure of a business transaction is rooted in traditional civil doctrine, which categorizes elements into essential, natural, and accidental components—each playing distinct roles within contractual agreements. Essential elements must always be present for validity (e.g., human participants).

Natural elements pertain to specific types of contracts but are not universally applicable across all transactions; they add relevance without being mandatory for every agreement's existence.

Key Elements in Legal Transactions

Importance of Key Elements in Business Transactions

The presence of key elements is crucial, particularly in specific types of businesses, such as sales contracts where price is a fundamental component.

Accidental elements may or may not be present; their inclusion is circumstantial and not essential to the legal transaction.

Conditional Contracts and Their Implications

An example of a conditional contract is an agreement for renting property that only takes effect if certain conditions are met, such as relocation for work.

This type of contract illustrates how conditions can delay the effects of agreements until specified events occur.

Traditional vs. Modern Perspectives on Legal Structures

The traditional view categorizes legal transactions into essential (natural) and accidental elements, a concept dating back to medieval times.

Critics argue that this classification can be confusing, especially when considering human involvement in legal transactions.

Human Involvement in Legal Transactions

Humans are not merely components but active participants who give life to legal transactions; they cannot be classified simply as elements.

Using the analogy of a chef preparing a dish highlights that while humans create legal agreements, they should not be viewed as mere ingredients within those agreements.

Challenges with Accidental Elements

Some legal contracts inherently require specific terms like duration; thus, these cannot be considered merely accidental.

For instance, employment contracts must include timeframes to function correctly; without them, they fail to meet their contractual obligations.

Reevaluation of Legal Classifications

The distinction between natural and accidental elements has been criticized for being overly simplistic and artificial.

New perspectives from scholars like Professor Elisardo aim to address these issues by proposing more nuanced classifications based on requirements rather than rigid categories.

Proposed Framework for Understanding Legal Transactions

Elisardo's approach emphasizes understanding prerequisites (or "presupuestos") necessary before executing a legal transaction.

These prerequisites serve as foundational factors that must exist prior to the establishment of any business agreement.

General Doctrines of Civil Law

Elements of Legal Transactions

The elements of a legal transaction are likened to the raw materials needed for a business, such as resin in glasses or leather in wallets. Understanding what constitutes these elements is crucial.

A legal act requires a declaration or manifestation of will, which must meet specific characteristics and prerequisites to be valid.

Not all prerequisites are sufficient; they must come from qualified authors and possess certain characteristics to ensure proper construction of the legal act.

Object and Interests in Legal Transactions

There is an ongoing debate regarding the nature of the object in legal transactions: some view it as a legal relationship, while others see it as goods or services.

Following Professor Taboada's perspective, interest in an object (e.g., wanting to buy a house) is essential for establishing a business transaction; without interest, no deal occurs.

The analogy of baking illustrates that interests serve as foundational ingredients (like flour), shaping the outcome of the legal transaction.

Subjects Involved in Legal Transactions

The subjects involved include both natural persons and juridical entities. There’s also discussion on whether conceived individuals can engage in legal transactions based on Article 1 of the Civil Code.

Article 1409 outlines how interests may relate to various types of property, including third-party assets and future goods, necessitating systematic interpretation with other articles.

Declaration of Will

The declaration of will is emphasized as central to any legal act; it must be explicitly stated rather than merely existing psychologically for it to hold significance under law.

A declared will must align with actual intentions; discrepancies can lead to issues like "error obstativo," where unintended declarations do not reflect true intent.

Clarifications through addenda may arise when initial declarations do not accurately represent parties' intentions, highlighting potential vices affecting will formation.

Understanding the Declaration of Will

The Purpose of the Declaration of Will

The declaration of will serves a specific purpose, emphasizing its importance in legal contexts.

According to Rudolf von Jhering, every act of will has an objective; it aims to achieve a particular goal, highlighting that no act can exist without a concrete aim.

Elements of Legal Transactions

A declaration contains both an object and a purpose; the object refers to interests being satisfied while the purpose is achieving those interests.

There exists a critical distinction between legally impossible objects and illicit ends, with jurisprudence often conflating these concepts.

Structural Ineffectiveness in Legal Acts

An upcoming session by Professor Aníbal Torres Vásquez will address structural ineffectiveness and the necessary characteristics for legal acts.

Key elements include capacity, possibility of the object, form of declaration, legality of cause, and purpose.

Possibility and Form in Legal Declarations

Interests must be realizable within legal frameworks; for instance, unrealistic expectations (like an impractical travel itinerary) illustrate this principle.

Physical feasibility is crucial; if conditions prevent fulfilling contractual obligations (e.g., space limitations), then such interests are not viable.

Formality vs. Form in Legal Transactions

All legal transactions have form but not all possess formalities; form represents how declarations manifest externally.

The metaphorical vehicle conveys internal will outwardly into relational life—without form, we encounter purely psychological phenomena devoid of legal standing.

Freedom and Requirements in Contractual Forms

Formality is defined as legally mandated forms required for certain transactions; this contrasts with general freedom in choosing forms for contracts.

Historical principles like freedom from formalism allow contracts to be formed informally (e.g., via text or verbal agreements).

Importance of Specific Formalities

Certain significant transactions require strict adherence to formalities due to their serious nature (e.g., wills).

The law emphasizes careful consideration before entering into important commitments like marriage due to their lasting implications.

Understanding Legal Formalities in Property Transactions

Types of Formalities in Legal Transactions

The speaker emphasizes the importance of formalities in legal systems, using the example of a will and real estate donation, which must be executed through public deed.

There are two types of formalities: approval and solemnity. The distinction between these is crucial for understanding their implications in legal contexts.

Consequences of Non-compliance with Formalities

In some cases, the law mandates formalities but does not impose nullity for non-compliance; however, certain transactions do require strict adherence to avoid nullification.

For instance, a real estate donation that is not executed via public deed is considered null and void, highlighting the necessity for compliance with legal requirements.

Debates on Mortgage Formalities

The discussion introduces complexities surrounding mortgage formalities, noting differing opinions among legal scholars such as Professors Juan Espinoza and Aníbal Torres regarding necessary solemnity.

This topic remains contentious within legal circles, indicating a lack of consensus on how mortgages should be formally structured.

Understanding Legal Purpose (Causa)

The concept of 'causa' refers to the lawful purpose or objective behind a transaction. It must align with existing laws and cannot contravene statutory provisions.

Acts performed strictly may lack specific causes since they are governed by predetermined legal effects rather than individual intentions.

Insights from Civil Cassation Plenary Sessions

The speaker references civil plenary sessions that address general themes related to business transactions and legal acts, emphasizing their relevance to understanding contractual validity.

Notable plenary discussions include manifest nullity in business transactions and various interpretations surrounding contractual ineffectiveness.

Historical Context of Legal Business Concepts

The fifth plenary session provides historical insights into the regulation of business law concepts first established in German law in 1896.

This historical perspective traces the evolution of business law terminology across different cultures including Italian, Spanish, Japanese, and South American influences.

Voluntarism vs. Legal Effects

A key debate centers around voluntarism—the idea that individuals can declare their intent to achieve specific legal effects—contrasted against criticisms regarding its reliance on knowledge of law.

Historical critiques highlight concerns about whether only those knowledgeable about law can effectively engage in business transactions without misunderstanding potential outcomes.

Understanding Legal Transactions and Theories

The Role of Psychological Elements in Legal Transactions

The concept of legal transactions is influenced by intangible psychological elements that are not easily perceived, leading to challenges in understanding the voluntary thesis.

This voluntary thesis suggests that individuals desire specific legal effects, a notion that is debatable given its reliance on internal will.

Shift from Voluntarist to Objective Approaches

In response to criticisms of the voluntarist approach, new ideas emerged focusing on objective aspects of legal transactions, emphasizing declarations rather than internal will.

A radical reaction occurred where subjective elements were largely dismissed, prioritizing only the declaration's content over any internal intentions.

Theories of Trust and Responsibility

Two additional theories—Trust Theory and Responsibility Theory—attempt to balance the extremes of subjectivity and objectivity in legal transactions.

Trust Theory posits that if a recipient notices an error in a declaration, they may justifiably distrust it; otherwise, they should rely on it.

Implications of Trust and Responsibility

Whether a recipient can trust a declaration depends on their circumstances; if there are no indicators for doubt, they should accept it as valid.

Responsibility Theory emphasizes internal will but holds declarants accountable for damages caused by erroneous declarations that do not reflect their true intentions.

Comparative Analysis of Legal Codes

An interesting comparison arises between different civil codes regarding the definition and requirements for legal acts or transactions.

The 1984 Civil Code provides a more dogmatic definition compared to the 1936 Code, which merely outlines necessary conditions without detailing what constitutes a transaction.

Discussion on Legal Principles and Educational Initiatives

The Nature of Binding Decisions in Legal Context

The speaker questions the validity of a particular stance taken by the plenary session, suggesting it is debatable and rooted in trust theory, referencing the Italian Civil Code as an inspiration for their legal framework.

A critical inquiry arises regarding whether the opinions expressed will be binding. The implications of binding decisions are discussed, emphasizing that not all aspects of a plenary ruling carry binding authority.

It is noted that while rulings contain binding rules, key considerations (considerandos) also generate binding effects. This raises questions about how these foundational elements can be classified within legal reasoning.

Importance of Understanding Legal Acts

The speaker highlights the significance of understanding legal acts as fundamental to various areas such as real rights, obligations, contracts, and successions. They stress that knowledge of these bases is crucial for comprehending complex legal phenomena.

Emphasizing the importance of teaching legal acts at advanced stages in education rather than at the beginning, they argue this approach allows for deeper understanding and application in practice.

Educational Opportunities in Private Law

An invitation is extended to participate in a diploma program focused on private law topics like legal acts. The speaker believes this initiative will enhance understanding among both new students and seasoned professionals.

The diploma program offers 384 academic hours accredited by a university. It aims to refresh concepts for those who have already graduated while providing an opportunity to explore them from new perspectives.

Conclusion

The session concludes with gratitude towards participants and emphasizes the relevance of discussing foundational topics relevant to early years in law education.