Wednesday, December 19, 2018

Conditions For the validity of juristic acts

Conditions For the validity of juristic acts
juristic act is intended, according to its definition certain legal effects Various circumstance may however prevent an act of having its intended effect in that case the act is invalid.invalidity may arise from one circumstance
as incapacity of  the parties, illegality of the object, or the non-observance of the forms prescribed for the doing of the act 
Acts in existants are those which lack some element  essential to their formation without wich the act cannot to be considered to exist
As distinguished from  acts inexistants, these acts are such as unite all essential elements of an act. but are struck with nullity because they contravene some rule of law, e.g. immoral agreements.
the invalidity of a juristic act arises, either from defect in the capacity of the parties or from lack of proper form, or from illegality in The purpose of the act

Defect of capacity

The nature of capacity has been already Explained. The capacity of the normal person to but The perform juristic acts is unlimited within range of action allowed to him by laws,but abnormal person has only restricted capacity and consequently, act which, if performed by a normal person, would  produce legal effect do not always produce that effect when accomplished by an abnormal person.
In modern law the principal classes of abnormal persons are lunatics and idiots,minors, married women, aliens, and juristic persons. Systems of religious law generally recognize heresy or infidelity as giving rise to incapacity in certain respects, and temp or a special in-capacities are not imposed for particular reasons. Rules regulating capacity cannot therefore be contravened by agreement. This fact makes it sometimes difficult to distinguish clearly between acts which are invalid on the ground of incapacity and those invalid on The ground of illegality the law, is imposing a general incapacity, frequently makes provision for the performance by others, on behalf of the person under the incapacity, of the acts which that person would, if normal, himself carry out. Thus a guardian (tuteur) is authorized to perform for his ward acts which could have been done by the ward himself and he not been under an incapacity
In other cases, the incapacity does not deprive the person subject to it of the power to
perform legally effective acts, but merely requires the observance of special for malities which secure his acting under proper advice. Thus, a ward may be prohibited from performing certain acts without the consent of his guardian. But not infrequently the law takes away capacity for the performance of the act without providing any alternative method by which it may be accomplished.

Defect of form

The importance of form as an element in the juristic act is much less in modern law than law than in the earlier systems. The performance of most juristic acts was in early law subjected to the exact importance of form was also manifested in the rules of procedure. There existed certain recognized forms of action, in one of which it was necessary for every party to present his suit. The method of presentation in each case
was regulated by strict rules.observance of a prescribed ritual, the essay for every party to present his suit. the method of presentation in each case was regulated by strict rules The observance of a set form has to be necessary modern in many cases in which its nonobservance invalidated the act. There still remain acts which are essentially formal in their nature and as regards which non- observance of the form invalidates the act, or leaves it non-existent in the eyes of the law as lacking the form in which it can alone be legally recognized. Islamic law indeed seems to be preculiarly free from requirements of form.Several transactions which in European countries are subjected to the observance of form rest, according to the sacred law, solely upon the will of the parties, however expressed.

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