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La Teoría del Acto Jurídico constituye la base fundamental de todo el Derecho Civil Patrimonial, no se vislumbra un acto o contrato, sin una manifestación de voluntad, pero éste además debe cumplir con otros requisitos, debe tener causa, objeto y a veces el legislador exige formalidades especiales, las solemnidades.
Conceptos Generales del Acto Jurídico
Desde antiguo los estudiosos del derecho han procurado encontrar el elemento común o vinculante de las diversas instituciones de derecho privado. A primera vista lo único que relaciona los diversos actos es que surgen como consecuencia de la voluntad del hombre. Partiendo de dicho elemento común es posible encontrar otros: en primer lugar, tales actos surgen de una manifestación de voluntad hecha con un propósito determinado; y en segundo lugar, dichos actos producen efectos jurídicos, pues crean, modifican o extinguen una relación jurídica. A estos actos voluntarios que realiza el hombre con un propósito definido y característico y que producen efectos de derecho, se da en doctrina la denominación de actos jurídicos.
Sobre la base de lo anterior los juristas han tratado de establecer las reglas o principios generales aplicables a todos los actos jurídicos, sea cual fuere su especie, surgiendo así la Teoría General del Acto Jurídico. El problema sin embargo subsiste, pues si bien en abstracto es posible formular ciertos principios generales, éstos suelen presentarse en las distintas especies de actos jurídicos con connotaciones o características totalmente diversas.
Fundamento Histórico de la Teoría General del Acto Jurídico
En el campo jurídico el principio amplio de la libertad personal se manifiesta en el denominado principio de la autonomía de la voluntad, en virtud del cual se considera que el hombre se relaciona y vincula con otros porque tal ha sido su voluntad. De esta manera se entiende que las personas tienen plena libertad para realizarlos actos jurídicos que estimen adecuados para la satisfacción de sus necesidades e intereses, pudiendo, asimismo, determinar el contenido y los efectos de dichos actos. El principio de la autonomía de la voluntad o de la libertad contractual constituye el fundamento o piedra angular sobre la cual descansa la Teoría General del Acto Jurídico.
Teoría del Acto Jurídico en el Código Civil Chileno
El Código Civil no recoge ni regula expresamente una figura general del acto jurídico. Desconoce incluso el término. Se puede construir por abstracción una figura unitaria, cosa hoy en día ya realizada por la doctrina con el apoyo, además, de la jurisprudencia.
El libro IV del Código Civil titulado “De las Obligaciones en General y de los Contratos” contiene numerosas normas que, por su carácter general, pueden aplicarse no sólo a los contratos, sino que también a los actos jurídicos que no participan de esa calidad. Hay consenso, tanto en la doctrina como en la jurisprudencia, que todos los actos jurídicos se rigen por las mencionadas normas, a menos que el tenor de la disposición o la naturaleza de las cosas las limiten solamente a las convenciones o contratos.
El término hecho, tomado en sentido amplio, es comprensivo de todo tipo de acontecimientos, actuaciones, sucesos o situaciones. Surge de lo expuesto una primera clasificación de los hechos: naturales y del hombre.
Sólo importan al derecho los denominados hechos jurídicos, esto es, hechos que tienen relevancia y que producen efectos jurídicos. Fluye entonces una segunda clasificación de los hechos: jurídicos y no jurídicos. Se afirma en doctrina que un hecho está dotado de relevancia jurídica cuando su acaecimiento permite cambiar una realidad preexistente, creándose una nueva situación que va a tener una distinta clasificación jurídica. Se define hecho jurídico como el acontecimiento de la naturaleza o del hombre que produce efectos jurídicos.
La producción de hechos jurídicos es lo que caracteriza a los hechos relevantes. Para la doctrina tradicional los efectos jurídicos consisten en la adquisición, modificación o extinción de derechos subjetivos. Hay, sin embargo, autores que tienen una concepción más amplia y para ellos los jurídicos dicen relación con el nacimiento, modificación o extinción de una relación jurídica.
Para que un hecho jurídico produzca consecuencias de derecho es menester que la ley le haya atribuido tal virtud. En doctrina se da la denominación de supuesto de hecho o supuesto jurídico a los hechos y circunstancias que la norma legal prevé y a los cuales atribuye la producción de efectos jurídicos. El supuesto puede ser simple o complejo según si para que se produzca el efecto previsto por la norma basta un solo hecho o se requiere, por el contrario, más de uno.
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Prior to starting any pipes venture make sure you turn off the key normal water source. Water damage can be one of the costliest things to restoration. To lessen harm change the key normal water offer off of in addition to any turn off valves close to where you stand functioning. This may conserve a lot of difficulty at a later time
Prior to starting a domestic plumbing undertaking you ought to tighten each of the water lines that are readily available. Particularly if your pipes are making a variety of noisy banging seems, since this is a specific signal there are loosened piping down the line. It is also advisable just in case there exists a clog and so the excess pressure introduced will not crack a free water pipe
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Ensure that every person within your family is able to shut down the main h2o source, or understands how to contact someone that can. In case there is a broken tube or any other h2o-relevant emergency, you ought to quickly switch off the water to stop flooding, architectural problems, and a atmosphere-higher h2o expenses go.
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