La violencia física como causal de nulidad del acto jurídico por falta de manifestación de voluntad

Abstract

In accordance with what is indicated in article 140 of the Civil Code, the legal act is the manifestation of will intended to create, regulate, modify or extinguish legal relationships. Through said statement, the parties make their real intention known to each other, and there must be a correlation between what is stated and what is wanted by them; however, from the formation of the internal will to its externalization, there are situations that disturb said correlation, as is the case of the "vices of the will". Among these vices, there is physical violence, which consists of a material coercion exerted on the declarant in order to force him to declare a will that does not correspond to his true intentions, since the declarant externalizes the will of the one who uses said material coercion, becoming a mere instrument of those who use violence. Thus, the declarant expresses a will that does not correspond to his real intentions, this circumstance being an assumption of "lack of manifestation of will" and not a vice of the will of legal acts; The main objective of this research being to identify the theoretical foundations that develop the nullity of legal acts due to physical violence.