Acts of law (Jurisprudence)

 

ACTS IN LAW 

Acts are used for the creation, alienation, or destruction of rights or titles.  The vestitive facts are based on two types of acts. In other words, the creation or extinction of rights is either voluntary or involuntary;

·         Voluntary Acts: These are related to manifestation or declaration of the will of the party.

·         Involuntary Act: These are those acts where the law confers the right on a person or takes away his right without regard to the manifestation of his will or his consent.

Acts of the Party and Act of the Law

1.      Voluntary Act (an act of the party)

An act is an expression of the will and intention of the party that directs to the creation, transfer, or extinction of a right and is effective in law. Every act of the party is the exercise of legal power.

a.       Unilateral acts: In a unilateral act will of a single party is operative. For example; making a gift or appointing an attorney. These are further divided into two kinds;

·         Adverse to the party and effective despite his dissent: For example re-entry of a landlord on breach of conditions by a tenant.

·         For his benefit and subject to the dissent of the party affected: An example is unilateral contracts, gifts, or so on.

b.      Bilateral acts: An act that involves the consenting will of two or more distinct parties as in a contract, mortgage. In a wider sense, these acts are also called agreements.

2.      Involuntary Act (Act of the law)

These acts create, extinct, or transfer the right by the operation of law and are independent of any consent of the party.