Legal Validity and Administrative Act Requirements

Conditions for the Validity of Legal Acts

What are the conditions of validity of the act? To be valid, an act requires:

1. One who is legally capable;
2. Consent to the act or statement where the consent is not vitiated;
3. Falling upon a lawful object;
4. Having a lawful cause.

The Cause of Administrative Acts

What is the cause of administrative acts? The causes of administrative acts are the motivations or reasons that the authority had to issue the act. According to Roberto Dromi, motivations "are the facts and law that led to the emanation of the act."

The Purpose of an Act

What is the purpose? The purpose of an act consists of the rights and obligations it creates, modifies, or terminates.

Validity in Administrative Action

Do you apply the conditions of validity of the act to the administrative action? Support your answer. Yes, the Civil Code is concerned with establishing the conditions under which a person may be bound to another, and they are:

• 1. One who is legally capable;
• 2. One who consents to the act and whose consent is not vitiated;
• 3. That which falls on a lawful purpose;
• 4. One who has a lawful cause.

If you apply these requirements to administrative law, an administrative act, to be a valid expression, should be free of defects, fall on a lawful object, and have a legitimate motivation.

When is the Will Free of Defects?

When is the will free of defects? The expression of will in bilateral events is called consent, since it is the conformity of the parties expressed in their content. This expression of will can be vitiated by error, force, or fraud.

Jurisdiction and Legitimacy in Public Entities

Explain the requirement of jurisdiction: the legitimacy to act in a public entity. It is the faculty that a government agency has to exercise authority, duties, and functions conferred upon it. The Act specifies the matters which may relate to the statements of will of an administrative organism, the persons or authorities that may issue them, and the formalities to be fulfilled.

The Theory of Implied Powers

Explain the theory of implied powers: These are arguments used by Hamilton and then adopted by the Supreme Court. According to this theory, Congress could assume powers not expressly assigned by the Constitution under Article 1, Section 8, Number 18. This article gives Congress the power to enact laws "necessary and advisable to implement" the powers expressly assigned to Congress itself, the Government of the Union, or any of its agencies or officials.

Legal Procedures and Article 7

What does "in the manner prescribed by law" mean in Paragraph 1 of Article 7 of the Constitution? This means that the expression of will (performance management) has been made in the manner prescribed by law. This issue requires that the procedure used to reach this specific declaration of intent was the one established.