THE VALIDITY CONDITIONS OF BILATERAL LEGAL ACTS CONCLUDED WITHIN THE CONTRAVENTION PROCEDURE
THE VALIDITY CONDITIONS OF BILATERAL LEGAL ACTS CONCLUDED WITHIN THE CONTRAVENTION PROCEDURE

Summary/Abstract: The study provides an in-depth examination of the validity conditions of bilateral legal acts concluded with in contraventional proceedings, highlighting their particular features in relation to the general principles of civil law and contraventional law. Although contraventional legislation does not expressly establish a system of validity conditions for bilateral procedural acts, the application of the rule of analogy of law allows for the deduction of a coherent set of fundamental requirements: legality of the act, capacity of the parties to conclude it, validly expressed consent, lawful and determined object, legal cause, and the appropriate form of the bilateral contraventional procedural act. The paper conducts a comparative analysis between civil law and contraventional law doctrines, showing that the conceptual structure of validity conditions may be adapted to contraventional procedural acts as well. Accordingly, depending on the aspect to which they refer, these conditions are classified into substantive (material)conditions – related to the content of the act (capacity, consent, and object) – and formal conditions, concerning the manner in which legal will is expressed. From the perspective of obligatoriness, validityconditions may be essential (capacity, consent, cause, and object) or non-essential (the form of the act). Likewise, in terms of the sanction for non-compliance, a distinction is made between conditions whose breach leads to the nullity of the contraventional procedural act and those whose non-observance produces ineffectiveness, manifested through forms such as in opposability, irrelevance, or inadmissibility. Through the analysis of these elements, the study demonstrates that the validity of the bilateral contraventional procedural act represents an essential guarantee of the right of defence, the principle of legality, and the good administration of contraventional justice. In conclusion, the paper proposes terminological clarifications and de lege ferenda solutions aimed at ensuring doctrinal and practical uniformity in the field of bilateral legal acts within contraventional proceedings.

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