Capacity

Question 1

Capacity of Exercise

Answer 1

a person who has reached the age of majority has the right to make all sorts of juridical acts unless otherwise stated by the legislature.

Question 2

Capacity of Enjoyment

Answer 2

all natural persons enjoy legal capacity to have rights and duties

Question 3

Age of majority

Answer 3

18

Question 4

Who cannot contract

Answer 4

unemancipated minor, interdict, person deprived of reason at the time of contracting

Question 5

Types of Emancipation

Answer 5

full, limited by authentic act, marriage

Question 6

Full emancipation

Answer 6

minor, ages 16 or 17 is granted full contractual capacity

Question 7

Limited emancipation

Answer 7

minor, ages 16 or 17, is granted limited juridical acts as outlined by the court. All other effects of minority will continue

Question 8

Emancipation by marriage

Answer 8

minor, ages 16 or 17 who is married is FULLY emancipated.. Does not lose emancipated status upon divorce or termination.

Question 9

Interdict

Answer 9

a person who the court has declared unable, due to infirmity, to make reasoned decisions and to communicate those decisions consistently regarding his person or property

Question 10

Full interdiction

Answer 10

no decisions, managed by a curator

Question 11

Limited interdiction

Answer 11

some decisions as outlined by the court, also managed by the curator

Question 12

Proving lack of capacity

Answer 12

(1) person who claims incapacity
(2) capacity is presumed
(3) proved w/clear and convincing evidence (heavy burden)

Question 13

Effect of contract entered into by a person lacking capacity

Answer 13

relatively null
may be rescinded by the incapable party or his rep.

Question 14

Remedy for the party lacking capacity

Answer 14

party lacking capacity can seek recission w/ exceptions

Question 15

Exceptions to request for rescission by incapacitated party

Answer 15

(1) UEM-cannot be rescinded if contract is made for the purpose of the UEM’s business, education, or support

(2) Majority Representation-when a UEM represents themselves as having reached the age of majority and the other party reasonably relies on that representation

(3) a non-interdicted person who was deprived of reason at the time of contracting may obtain rescission of an onerous contract upon the ground of incapacity only upon showing that the other party knew or should have known the person’s incapacity.

Question 16

After rescission

For lack of capacity

Answer 16

parties OR their legal representative should be returned to their pre-contract condition. Party lacking capacity can’t confirm a contract, but they can once incapacity is ceased. If pre-contract condition is impracticable or impossible, court may award compensation

Question 17

Non-interdicted decedent’s contract

Answer 17

contract may be attacked after death on the grounds of incapacity when the contract is gratuitous or shows lack of understanding within 30 days of death

Question 18

Right to require confirmation or recission for the other party

Incapacity

Answer 18

Immediately after discovering the incapacity of the other party who at the time was ignorant of the incapacity, may require confirmation or rescission from the party if the capacity has ceased or by their representative if it has not. With TWO EXCEPTIONS:

Question 19

Burden flips to the capable party to prove they were unaware of

Answer 19

(1) if the party is notoriously insane then there is a rebuttable presumption that the party knew or should have known

(2) If it was generally known to persons who saw the incapacitated party during contracting then it is presumed that the capable party knew or should have known