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Legal Definitions - juristic act
Definition of juristic act
A juristic act refers to an action or declaration made by a person with the specific intention of creating, changing, or ending legal rights and obligations. It is an act that the law recognizes as having legal consequences because the person performing it *meant* for it to have those consequences.
Here are some examples to illustrate this concept:
Signing a Lease Agreement
Scenario: Maria is looking for a new apartment. After finding one she likes, she reviews the lease agreement provided by the landlord, understands its terms regarding rent, duration, and responsibilities, and then signs the document.
Explanation: Maria's act of signing the lease is a juristic act. By doing so, she intentionally creates a legal relationship with the landlord, taking on specific legal obligations (such as paying rent on time) and acquiring certain legal rights (like the right to occupy the apartment for the lease term). The landlord's act of signing also constitutes a juristic act, intending to grant those rights and enforce the obligations.
Creating a Last Will and Testament
Scenario: Robert decides to formalize his wishes for how his assets should be distributed after his death. He consults with an attorney, drafts a last will and testament, and signs it in the presence of witnesses, as required by law.
Explanation: Robert's act of creating and signing his will is a juristic act. He performs this action with the clear intention of establishing legally binding instructions for the distribution of his property. This act will create specific legal rights for his beneficiaries and impose obligations on his estate's executor, all taking effect upon his passing.
Formally Accepting a Job Offer
Scenario: Sarah receives a written job offer from a technology company, outlining her salary, benefits, and start date. After careful consideration, she sends an email to the hiring manager stating, "I formally accept your offer of employment for the position of Senior Software Engineer, effective [start date]."
Explanation: Sarah's email explicitly accepting the job offer is a juristic act. By clearly communicating her acceptance, she intends to enter into a legally binding employment contract with the company. This act creates legal rights (e.g., entitlement to salary and benefits) and corresponding obligations (e.g., performing job duties) for both herself and her new employer.
Simple Definition
A juristic act is a legal action taken by an individual or entity with the specific intention of producing legal consequences. These consequences typically involve the creation, modification, or termination of legal rights or obligations.