Questions and Answers
Which of the following persons cannot acquire property by purchase, even at a public or judicial auction?
What is the legal status of contracts entered into by insane persons during a lucid interval?
What is the obligation of an incapacitated person with respect to restitution in a voidable contract?
Which of the following types of persons are mentioned in the text as being unable to give consent to a contract?
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What is the legal status of contracts entered into by persons who cannot give consent?
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Which of the following is NOT mentioned in the text as a person prohibited from acquiring property by purchase, even at a public or judicial auction?
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According to Article 1462, which type of goods may be the object of a sale?
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If a seller is the sole owner of a thing, according to Article 1463, what can the seller do?
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What is the effect of selling an undivided interest in a thing, as per Article 1463?
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According to Article 1465, which of the following can be the object of a sale?
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When interpreting a contract that has provisions of both a sale and an agency contract, according to Article 1466, what should be considered?
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According to Article 1868, what is the defining characteristic of an agency contract?
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Who are the persons that have legal capacity to buy and sell?
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What is the difference between absolute and relative incapacity?
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According to Art. 1327, which of the following individuals cannot give consent to a contract?
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What is the legal status of contracts entered into by unemancipated minors?
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In what situation is an incapacitated person not obliged to make restitution in a contract?
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Why can incapacities not be extended to other cases by implication?
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Study Notes
Goods that can be the object of a sale
- Existing goods: must exist at the perfection of the contract
- Future goods: to be manufactured, raised, or acquired after the perfection of the contract, valid as an executory contract, fulfilled by acquisition and delivery of goods
Sale of undivided interest
- A sole owner of a thing can sell an undivided interest
- Effect: buyer becomes a co-owner
- Co-owner cannot sell more than their share
Things subject to a resolutory condition
- Can be the object of a sale
- Resolutory condition: uncertain event that extinguishes the obligation or right when it happens
- Example: sale of land subject to a condition that the seller can repurchase within 2 years
Sale vs Agency
- Consider the essential clauses of the instrument to determine whether it is a sale or agency
- Agency: person binds himself to render a service on behalf of another, with the latter's consent
Capacity to buy or sell
- All persons, natural or juridical, who can bind themselves have legal capacity to buy and sell
- Exceptions: those who suffer from absolute or relative incapacity
Kinds of incapacity
- Absolute: persons who cannot bind themselves
- Relative: exists only with reference to certain persons or certain class of property
Sale by minors and incapacitated persons
- Unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to read and write cannot give consent to a contract
- Contracts entered into by them are voidable, binding unless annulled by competent authority
- Contract entered into by an insane person during a lucid interval is valid
Incapacity by reason of relation to property
- Certain persons, such as guardians, agents, executors, administrators, public officers, and judges, are prohibited from acquiring property under their charge or control
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Description
Test your knowledge on the legal capacity of persons to enter into contracts for buying and selling goods. Learn about absolute and relative incapacities related to certain persons or property classes as per law.
