THE DECLARATION OF WILL AND DEFECTS OF CONSENT
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#SeriesAFFAN #AFFANteExplains Chapter 4: The declaration of will and defects of consent (Book five - Civil Code) WHAT IS A LEGAL TRANSACTION? FREE AND CONSENT DECLARATION OF WILL, WHICH MAY BE BILATERAL OR UNILATERAL, TO CREATE, MODIFY AND EXTINGUISH OBLIGATIONS, PROVIDED THAT THERE IS LEGAL CAPACITY; LEGAL OBJECT AND CONSENT THAT IS NOT VICE. WHAT ARE THE ELEMENTS OF A LEGAL TRANSACTION? 1.LEGAL CAPACITY. 2.CONSENT THAT IS NOT VICE. 3.LEGAL OBJECT. (ART. 1251 CC). WHAT UNILATERAL LEGAL TRANSACTIONS ARE THERE? •DONATION DUE TO DEATH. •TEST. •REVOCATION OF WILL. •CHANGE OF NAME. •IDENTIFICATION OF PERSON. •UNIFICATION OF PROPERTY. MENTION BILATERAL ACTS BUT ARE NOT CONTRACTS •MARRIAGE. •FACTUAL UNION. •ADOPTION. •DIVORCE. •ALLOWANCE. •GUARDIANSHIP. •PARENTAL AUTHORITY. WHAT ARE THE KINDS OF ACCEPTANCE AND EXPLAIN EACH ONE? i. TACIT - MANIFESTATION OF WILL THAT IS IMPLICIT IN THE PERFORMANCE OF CERTAIN ACTS. ii.EXPRESS - CONSENT IS GIVEN THROUGH AN EXPLICIT MANIFESTATION OF WILL AND IN GUATEMALA, IT IS REPRESENTED BY THE SIGNATURE. EXPLAIN THE PRINCIPLE OF FREEDOM OF FORM IN LEGAL TRANSACTION. IT ESTABLISHES THAT WHEN THE LAW DOES NOT DECLARE A SPECIFIC FORM FOR A LEGAL TRANSACTION, THE INTERESTED PARTIES MAY USE THE ONE THEY DEEM CONVENIENT. (ART. 1256 CC) WHAT ARE THE VICES OF CONSENT? 1. ERROR. 2. FRAUD. 3. VIOLENCE OR COERCION. NOTE: FOR SOME, SIMULATION IS ALSO A VICE OF CONSENT, SINCE IT IS ESTABLISHED IN ARTICLE 1257. WHAT IS ERROR? VICE OF CONSENT WHICH CONSISTS OF THE FALSE KNOWLEDGE OF THE TRUTH. WHAT IS FRAUD? VICE OF CONSENT THAT CONSISTS IN ARTIFICE OR DECEPTION WITH THE PURPOSE OF INDUCING A PERSON INTO AN ERROR. WHEN CAN NULLITY BE RAISED IN THE EVENT OF ERROR AND FRAUD? WITHIN 2 YEARS FROM THE DAY THE OBLIGATION WAS CONTRACTED. (ART. 1312 CC) BY WHAT MEANS CAN NULLITY BE RAISED IN THE EVENT OF ERROR AND FRAUD? IN ORDINARY COURT. WHAT IS VIOLENCE? VICE OF CONSENT THAT CONSISTS IN THE FEAR THAT SERIOUS HARM MAY BE CAUSED TO THE PERSON, PROPERTY OR HONOR OF A SUBJECT AND HIS RELATIVES. BY WHAT MEANS CAN NULLITY BE RAISED IN THE EVENT OF VIOLENCE? IN ORDINARY COURT. WHAT IS REVERENTIAL FEAR? IT IS THE ONLY FEAR OF DISPLEASING PEOPLE TO WHOM SUBMISSION AND RESPECT ARE OWERED, IT WILL NOT VOID THE ACT OR BUSINESS. (ART. 1267 CC) Follow us on our Social Networks FB @affanprivados ???? / affanprivados IG @affangt ???? / affangt
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