Home > Blossary: Few words on Advantageous Legal Act
What is advantageous legal act, the civil and the penal scale: Let’s say first a few words, on Legal Act: Legal Act is the legal right one has, thus legally entitled to proceed to Acts of Law, commonly said and more correctly ‘legal act’. There are two main kinds of legal act: The typical, formal legal act (in Latin commonly said ‘’Ad Solemnitatem’’) and informal (legal) act ‘’Ad Probationem.’’ Thus to distinguish between the two kinds of acts, formal acts, thus legal acts are those who are legally validated, thus legalized. This is for ex. a contract redacted and signed by notary is a legal act, while a non legal act, but just act of law, is for ex. go to bank and get money from ATM; there is also a meddle kind of act of law, for ex. get money from Cashier of bank, get it and sign receipt, while already authorized, as this receipt carries a signature, but it’s not of that kind of absolutely formal act, purely legal act like for ex. sign official papers of bank, to get a loan on name X and C for ex. who cash the money ‘approved’ thus (legally) validated from bank. All this briefly from General Civil Law. When then do we speak on ‘’Advantageous Legal Act’’? Advantageous Legal Act, can be both formal and informal’ while informal ones may be essentially advantageous, they are not always typically advantageous, thus the term ‘’Advantageous Legal Act’’, is considered basically for Formal (Legal) Acts, typically. The common feature of all advantageous legal acts, is the purpose of subject who proceeds to it, usually and mostly to have, gain in short or long term future a profit, or benefit from it, usually pecuniary one. Let’ssate an example of it: For ex. one gets too many loans from banks, allowed of course, on given and standard income, and data of taxation. So far it’s Okay: But how, and in what terms and purpose could he/she use this money: For ex. one gets a loan of 100.000 from bank for buying a house for ex. an immobile, but, extreme but usual case may be, he/she has deposits from the past in/from another bank, of personal income or closed money for tax. For ex. time deposits, or from Stock Exchange transactions or any other source. Say of height 130.000 Eur or USD, or in a currency and bank that give high returns: Then he/she avails 50000 Eur/USD, to pay out loan, for half of years of loan due, while purchase of house is true and the amount due for it, amount of loan got from bank. And he/she pays loan in installments, while he/she has deposited all this money abroad along with the 130.000 by getting the relative returns, from any source, as above for ex. and any other source of profits, legally, say first place high returns, in a currency that is higher than Eur and/or USD, and has the relative profits. He/she pays the 50000 for ex. within the relative time for redemption of loan, in mortgage, of a house in his/her own country. Yes, so far. By adding 50000 + 130000 in time deposits for ex. and any other (legal or at least typically legal sources), his capital/funds becomes 180.000 Eur/USD or any currency. His returns on total amount are now of relative height..Isn’t this an advantageous legal act? Yes, essentially it is, but not typically..This kind of acts, and many other similar ones or slightly different are of this category. This kind of acts are not typically illegal, but at least essentially. : Use and profit from money of others..They mostly are immoral or slightly immoral acts, touching the scale of Morality of Law..Because they lead may lead to ‘’unjust enrichment’’ this or the other way, involving abuse of legal rights of others essentially, without this involving direct, honest source of income, for ex. from work, actually abuse of his/her own (legal) right. Etc. This is a example ‘in gross’, only, as the above owner of money, may give for instance half of that money, say loan to buy a house, and get rent, ‘usu-fructus’ as it’s called, use the loan this way, to profit long term of it, get double or more than base installment of rent, and pay out installments sooner and faster, while, all the rest of money are his/hers etc. Another kind of advantageous legal act, is for ex. Free Market generally, when merchants give as retail price of their products double price of whole-sale. This is also a (il)legal case of advantageous enrichment. These are scales of Civil Law, while there is also penal scale: Tax evasion. If this person declares all his/her income and source of them, after exceeding threshold of non taxed income, domestic one for ex and abroad, then the so previously called ‘’advantageous legal act’’ becomes a penal act..reaching even crime, against State(-s), while often source(-s0 of income are not totally clarified. Thus prove, and on basis of one’s need, that one has not actually ‘used money of others’ or ‘abused money of State’ that consists direct ‘offense’ to rights of State and privation of State Income. Anyway, hide income beyond threshold, is directly a crime to State, as it involves both advantageous legal act(s) and unjust enrichment at least in indirect way, but indeed, both essentially and typically, and all relative penal acts involved mainly if between (two..or so) countries, his/her own country of origin has a bilateral contract, then tax evasion, at least indirecly is easier.and of course most of above cannot be always (typically/legally..)proven..

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