Ratification is the validation by a person of a juristic act concluded on his or her behalf by another who did not have the authority to do so. Which ONE of the following statements is CORRECT?a.If the specific act is not ratified, the person whose affairs have been managed will not incur liability.b.Ratification can be express or tacit.c.Ratification is only valid from the moment of ratification, that is, it is not retroactive.d.Ratification is a bilateral juristic act.
Question
Ratification is the validation by a person of a juristic act concluded on his or her behalf by another who did not have the authority to do so. Which ONE of the following statements is CORRECT?a.If the specific act is not ratified, the person whose affairs have been managed will not incur liability.b.Ratification can be express or tacit.c.Ratification is only valid from the moment of ratification, that is, it is not retroactive.d.Ratification is a bilateral juristic act.
Solution
To determine which statement is correct, let's analyze each option step by step:
a. If the specific act is not ratified, the person whose affairs have been managed will not incur liability.
- This statement is generally true. If the act is not ratified, the person on whose behalf the act was performed is not bound by it and does not incur liability.
b. Ratification can be express or tacit.
- This statement is correct. Ratification can indeed be express (explicitly stated) or tacit (implied through actions or conduct).
c. Ratification is only valid from the moment of ratification, that is, it is not retroactive.
- This statement is incorrect. Ratification is typically retroactive, meaning it validates the act from the time it was originally performed, not just from the moment of ratification.
d. Ratification is a bilateral juristic act.
- This statement is incorrect. Ratification is generally considered a unilateral act because it involves the decision of the person on whose behalf the act was performed to validate it.
Based on the analysis, the correct statement is:
b. Ratification can be express or tacit.
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