The ineffective suspended legal action

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Ineffective suspension of legal action - one of the possible consequences of a defective legal act, which is manifested by the temporary lack of legal effect that the law entails with its proper execution. The ineffective suspension occurs when the defect of a legal action consists in the lack of a third party's consent required to do so under the law. These are the following: donation from common property, except for small donations customarily made by one of the spouses without the consent of the other.

The work done without the required consent is referred to as negotium claudicans. The second person may set a deadline by which he or she will be expected to confirm the action by the appropriate third party. A failure to perform due to lack of full legal capacity can be confirmed by the party itself after it has been obtained. After the deadline, in the absence of such consent, the activity becomes definitively invalid. Acknowledgment of the action causes it to become valid from the moment it is made.

The consent of a third party to perform a legal action must normally be expressed in the form prescribed for that action under pain of nullity.

Penalty for suspended ineffectiveness does not apply to activities performed without the required consent of the court. In this case, the result is always absolute nullity. Read about legal notices in Wikipedia.

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