Chapter 4

Question 1

What are the legal requirements for a contract?

Answer 1

Contractual capacity
Agreement
Legality
Possibility of performance
Formalities
Certainty

Question 2

What is contractual capacity?

Answer 2

Contractual capacity is the ability to enter into legally binding contract.

Question 3

What is the construction capacity of a minor who is below the age of seven (infans)?

Answer 3

They have no contractual capacity at all. Their legal guardian enters into contract on behalf of them.

Question 4

What is the contractual capacity of minus above the age of seven and below 18 (pupillus)?

Answer 4

They have limited contractual capacity and may only enter into a contract with assistance of a guardian. Assistance can be where the guardian enters into the contract on behalf of the minor or when they give consent to the minor.

Question 5

What does restitution mean?

Answer 5

Restitution means to cancel a contract by applying to the court. Both parties must then be restored to the position they were in before the contract.

Question 6

Is an unassisted contact void or voidable?

Answer 6

Voidable at the instance of the minor (upon reaching majority) or the guardian.

Question 7

What is the contractual capacity of people married in community of property?

Answer 7

When married in community of property, separate assets and liabilities are joined together in a joint estate. Both spouses have full and equal contractual capacity to enter into contracts regarding the joint estate. However, some contracts are considered too important and for them, the spouses have limited contractual capacity.

Question 8

What is marriage out of community of property without accrual?

Answer 8

This is where the assets and liabilities of the spouses are kept separate before during and after the marriage.

Question 9

What is the contractual capacity of an insolvent person?

Answer 9

The contractor capacity changes from full to limited. They are rehabilitated after 10 years.