The difference between legal facts and legal acts — updated legal references

Legal acts.

Legal acts are acts performed by a person with the intention of creating legal consequences. There are unilateral and multilateral legal acts. In the case of unilateral legal acts, it is sufficient that one person intends certain legal effects. Examples include drawing up a will, a unilateral declaration of intent, or a payment. In the case of a multilateral legal act, several persons enter into an agreement that produces legal effects for them. For example, a sale agreement, a lease agreement, or an insurance agreement.

Legal facts.

Legal facts are facts that have legal consequences if certain conditions for their application are met. You did not intend to attach those consequences to your conduct. It is the law or case law that determines those consequences. In the area of legal facts, a distinction must be made between, on the one hand, extra-contractual liability (Book 6 of the Civil Code) and, on the other hand, quasi-contracts (Articles 5.127 to 5.137 of the Civil Code). 

If, for example, you commit a fault, you must compensate the damage you caused. You likely did not intend that legal effect (compensating the damage). Nevertheless, the law attaches that consequence to your conduct. The law also provides that, if certain conditions are met, you may be held liable for damage caused by your minor child (Article 6.12 of the Civil Code). 

Quasi-contracts or imperfect contracts are acts from which an obligation arises for the person who benefited from that act, and sometimes also for the person who performed the act. This act has almost the same consequences as an agreement. The only difference is that the parties themselves did not intend those consequences. They are imposed by law or case law. In Belgian law, there are three imperfect contracts:

• management of another person’s affairs (Articles 5.128 to 5.132 of the Civil Code),
• undue payment (Articles 5.133 to 5.134 of the Civil Code)
• unjustified enrichment (or enrichment without cause). 

When, for example, you voluntarily and without any personal interest look after another person’s affairs where this is useful, there is management of another person’s affairs. By performing that act, you will have to continue that management and you may be held liable for damage caused to the property in the meantime. The person whose affairs are being managed also has several obligations. They must reimburse the manager for all useful or necessary expenses incurred and indemnify them for the obligations they undertook. In addition, they must also continue the obligations that the manager entered into towards third parties. Some events will not always create an obligation for you, but they may still be legally relevant. 

For example, being born or reaching the age of majority, or a house fire that requires your fire insurer to make a payment.

Importance of the distinction

The difference between legal acts and legal facts arises on several levels. First, legal facts may be proven by all means of evidence, including witnesses and presumptions. Legal acts, on the other hand, are subject to stricter evidentiary requirements. Moreover, legal facts do not need to satisfy the same validity requirements as legal acts. Thus, in principle, there does not need to be mutual consent or cause.