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What are the essential aspects of the object of a legal act?
Essential aspects of the object of a legal act
The essential aspects of the object of the legal act are those that determine its nature, content and validity, and are thus stipulated in the Civil Code.
Is about:
- Physical possibility: It refers to the fact that the object of the legal act must be materially achievable, that is, that it is not contrary to the laws of nature.
For example, the object of a contract that consists of traveling in time is not possible.
- Legal possibility: That it must be in accordance with the current legal system, that is, that it is not contrary to the mandatory norms.
For example, the object of a contract that consists of committing a crime is not possible.
- Determination or determinability: That it must be clearly identified or be capable of identification by means of objective criteria, that is, it must not be indeterminate or generic.
For example, the object of a contract that consists of buying anything or paying an indefinite amount is not possible.
- Legality: It refers to the fact that the object of the legal act must respect the ethical and moral principles that govern social coexistence, that is, that it is not contrary to morality or public order.
For example, the object of a contract that consists of sexually exploiting a person or discriminating based on sex, race or religion is not possible.