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Contract Consent Limitations

1) Article 1327 defines those who cannot give consent to contracts as unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write. 2) Capacity to consent is presumed unless the law denies it. Those listed in Article 1327 lack capacity. 3) Those lacking capacity are unemancipated minors under 18, insane or demented persons at the time of contracting, and deaf-mutes who do not know how to write unless they know how to read.

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Bea Mae AQUINO
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98 views10 pages

Contract Consent Limitations

1) Article 1327 defines those who cannot give consent to contracts as unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to write. 2) Capacity to consent is presumed unless the law denies it. Those listed in Article 1327 lack capacity. 3) Those lacking capacity are unemancipated minors under 18, insane or demented persons at the time of contracting, and deaf-mutes who do not know how to write unless they know how to read.

Uploaded by

Bea Mae AQUINO
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ART. 1327.

The following
cannot give consent to a
contract:
1. Unemancipated minors;
2. Insane or demented
persons, and deaf-mutes who do
not know how to write.
Capacity to give consent presumed

The Civil Code does not define


who have capacity. It defines on the
contrary who have no capacity, by
which it can be inferred that the
capacity is the general rule, which
exists in those, of whom the law has
not denied it.
Persons who cannot give consent
A contract entered into where one of
the parties is incapable of giving consent to
a contract is voidable. A voidable contract is
valid and binding until it is annulled by a
proper action in the court. It is susceptible of
ratification. Those who are incapacitated to
give consent under Article 1327 are the
following:
Persons who cannot give consent
1. Unemancipated minors.- They refer to
those persons who have not yet reached the
age of majority (18years) and are still
subject to parental authority. A minor can be
emancipated by attainment of the age of
majority, by marriage, or by the concession
recorded in the Civil Register, of the father
or the mother who exercise parental
authority;
Persons who cannot give consent

2. Insane or demented persons.- The


insanity must exist at the time of
contracting. Unless proved otherwise, a
person is presumed sane.
Persons who cannot give consent
3. Deaf-mutes.- They are persons who are deaf
and dumb. However, if deaf-mute knows how to
write, the contract is valid for then he is capable of
giving intelligent consent. A person who does not
know how to write, does not know how to read,
and one who knows how to read necessarily
knows how to write. A contract entered into by a
deaf-mute who knows how to read is, therefore,
valid, although he cannot write because of some
physical reasons.
ART. 1328. Contracts
entered into during a lucid
interval are valid. Contracts
agreed to in a state of
drunkenness or during a
hypnotic spell are voidable.
Contracts entered into during a lucid
interval.
Lucid interval is a temporary period
of sanity. A contract entered into by an
insane or demented person during a
lucid interval is valid. It must be shown,
however, that there is a full return of the
mind to sanity as to enable him to
understand the contract he is entering
into.
Effect of drunkenness and hypnotic spell.
Drunkenness and hypnotic spell impair
the capacity of a person to give intelligent
consent.
These conditions are equivalent to
temporary insanity. Hence, the law considers
a contract entered into a state of
drunkenness, or during a hypnotic spell
voidable and it is not required that such
state was procured by the circumvention of
the other party.

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