Download pdf - Law of Juristic Act and Contract

LawofJuristicActandContract

JuristicActODefinition of Juristic Act OValidity of Juristic Act OVoid and Voidable Acts

LawofContractOFormation of a contract OOffer OAcceptance OConclusion of contract

JuristicAct

JuristicActvsLegalCausesOSale ORent OHire of Service OMaking a will

OGiving birth OMaturity achievement ODeath OTort

DenitionofJuristicActOUnder CCC, Section 149 Juristic acts are voluntary lawful acts, the immediate purpose of which is to establish juristic relation between persons, to create, modify, transfer, preserve or extinguish rights.

DenitionofJuristicAct

OGenuinely declaration of intention

OExpressed intention

OVoluntary act OLawful act

ODone in accordance with the law

OEstablish juristic relations between persons

OCreate Right

OModify Right

OTransfer Right

OPreserve Right

OExtinguish Right

4.1.2VALIDITYOFAJURISTICACT

A JURISTIC ACT MAY BE VALID OR NOT DEPENDING ON THE PROVISIONS OF LAWS

CONCERNING THE VALIDITY OF IT AS FOLLOWS :

(1)CAPACITYOTHE SAYING THAT AN ACT WHICH DOES NOT

COMPLY WITH THE REQUIREMENTS CONCERNING CAPACITY OF PERSON IS VOIDABLE

(2)OBJECTIVEOEXPRESSLY PROHIBITED BY LAW OIMPOSSIBLE OCONTRARY TO PUBLIC ORDER OR GOOD

MORALS

(3)FORMS

OAn act which is not in the form prescribed by law is void.

OEx : writing form : The contract of hire purchase

ORegistered form : Marriage contract OWriting and registered form : Sale of real

estate

(4)DeclarationofintentionOHidden intention that is known to the other

party OFiction declaration of intention OIntention made with the mistake to an

essential element of the juristic act OIntention made to conceal another juristic act

VoidandVoidableActs.

Void Act means no legal effect between the groups matter.

Thefollowingconsiderationtomaketheactbecomevoid

are:1.The act that the matter is expressly ban by law. 2.The act that is not in the form prescribe by law. 3.The act that done with untrue declaration of intention. 4. The act that done when express intention differs form hidden intention. 5. The act that done in order to hide the real act. 6. The act that done under wrong as to the necessary element of the juristic act.

ConsequencesofVoidact:1. No legal effect. 2. Cannot be ratified. 3. If one part of the act are void, the whole

part will be void. 4. EXCEPT if in that cast has separate to many

part and one of them just be void. It will be void just only that part.

VoidableActOmeans the act is valid until it is avoid by

person specified by law

Thefollowingconsiderationtomaketheactbecomevoidable

are1. The act that done without proper ability of

person. 2. The act that done under mistake to the

quality of the person or property. 3. The act that done by cheat. 4. The act that done under duress.

ConsequencesofvoidableactOThe act is valid and has legal effect until it

being avoided. OThe act can be avoid or approve only by the

person specified by law.

LimitationoftimeOOne year form the time when ratified could be

made. OTen years since the act was done.

LawofContract

ContractOA contract is an accordance between two or

more parties that is legally binding

FormationofacontractOA consent of two parties OLegal capacity OAn offer and an acceptance OAn object of the contract OForms

DenitionofanoerOAn offer is a proposition made by a person to

another person to enter into a legally binding contract

ThecharacteristicsofoerOAn offer must be clear and certain. OAn offer can be made either to a specific

person or to public at large. OAn offer can be made to a person who is

present.

LegaleectoftheoerAn offer takes effect upon the offeror differently An offer made to a person who is present

takes effect immediately. An offer made to a person at a distance takes

effect from the time when it reaches the offeree.

BindingforceofoerAn offer is a kind of unilateral juristic act. This creates a juristic relation to a person who mades an offer. An offer make to a person who is present without

specifying a period for acceptance may be a accepted only there and then.

An offer made to a person at a distance in which a period for acceptance is specified cannot be withdrawn within such period.

AnoerceasestobebindingAn offer ceases to be binding in the following cases. 1.It is refused by the other party. 2.It is not accepted within the specified period. 3.It is not accepted within a reasonable time. 4.It is not accepted there and then according.

Acceptance

Whatisacceptance ?OIt means contrast to offer.

OWhen we received an offer. We need to reply.

OSo that reply is called acceptance.

AcceptanceOlegal principles concerning acceptance:

1. It can be withdrawn so far as it has not reached the offeror.

- You may be revoked at any time if it did not reach the offeror.

Example : OI sent an acceptance to my teacher by mail. OI change my mind and want to revoke the acceptance. OI can revoke if my acceptance has not reached my

teacher.


2. The acceptance must correspond to the offer.

An acceptance with additions, restrictions or other modifications is deemed to be refusal coupled with a new offer.

(CCC section 359 paragraph 2)


3. Time frame for acceptance.

If time period for acceptance is specified, It must be made within such period.

If time period for acceptance is not specified, It must be made within the reasonable time.

If the offer is made to a person who is present and there is no specified period for acceptance, It must be made there and then.


4. The acceptance arrive out of time.

If the acceptance arrive out of time. It is deemed to be a new offer.

(CCC Section 259)


5. An acceptance arrive out time but still enforceable

If it is an emergency, will be considered valid. ( i.e. Natural phenomena )

Example : If an acceptance arrive out time because storm. It is enforceable.

CONCLUSIONOF

CONTRACT

OThere may be a question when and where the contract is made. This depends on the time and the distance between the offeror and the offerce.

OFFERER

Has an offer

OFFEREE

Express the acceptance

OFFEROR

Accept

OSection 356 provides that the offer made to a person who is present may be accepted only there and then. This will also to an offer made by one person to another on the telephone.

1)Acontractmadetoapersonwhoispresent

OContract made between the offeror and the offeree who are in the same place at the moment.

OFFEREE

Express the acceptance

OFFEROR

Accept

OFFERER

This person has to

approve it.

2)Acontractmadebetweentheoerorandtheoercewhoareatadistance.

OSection 361 provides that a contract between persons at a distance comes into existence at the time when the notice of acceptance reaches the offeror.

The contract that made between the parties who are far away from each other is concluded or comes into existence when the notice of acceptance reaches the offeror. This usually communicate between each other in contract normally by post.

After the offeree has mailed his acceptance to the offeror, which means when the notice of acceptance arrives at the address of the offeror (in the mailbox), the contract comes into existence. In this case, the place where the contract is made is the place where the offerer receives the acceptance which usually is the residence of the offeror.

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