Contractual Capacity

Question 1

Contractual capacity (definition)

Answer 1

• the competence to perform a juristic act

Question 2

Components of contractual capacity

Answer 2

• ability to:
• -> form a will
• -> act in sound judgement in accordance with the will

Question 3

Contractual vs Legal capacity

Answer 3

• contractual capacity
  
  • –> qualities and circumstances determine status
  • –> status determines contractual capacity
• legal capacity —> a person or legal subject that bears rights and duties

Question 4

Natural vs Legal persons

Answer 4

• natural persons —> an individual

- legal persons —> artificial person created by law

Question 5

Persons WITHOUT contractual capacity

Answer 5

• persons under the age of 7 years old
  
  • –> guardian may act on behalf
• mental health care users
  
  • –> no contractual capacity because of insanity or mental deficiency
  • –> must be proven
  • –> null and void
• person under the influence of drugs or alcohol
  
  • –> null and void
  • –> person who claims contractual capacity because of alcohol or drugs must prove it (if had the ability to form will)

Question 6

Persons with LIMITED contractual capacity

Answer 6

• minors
  
  • –> over 7 years and under 18 years
  • –> how minors obtain majority:
    - -> turn 18 years old
    - -> concluding a valid marriage
    - -> through an order of the court
• prodigals
  
  • –> a person who is unable to handle their finances properly because of habits and inclinations
• persons under curatorship or administration
  
  • –> unable to manage affairs because of accident, illness or other causes
• insolvent persons

Question 7

Contracts that are binding on minors

Answer 7

• when minor has full contractual capacity
• where minors acts with consent and assistance from guardian
• guardian acts on behalf of minor
• additional consent that is beyond the consent of guardian
• prohibited actions
• emancipation of minor
• minor pretends to be major

Question 8

Contacts NOT binding on minors

Answer 8

• guardian/tutor acts on their own behalf and not on behalf of minor
• minor acts as guardian/tutors agent and guardian/tutor gains rights/duties from this
• minor acts on own behalf without the consent of guardian/tutor
• married person
  
  • –> in community of property vs out of community of property

Question 9

Persons with FULL contractual capacity

Answer 9

• any person that does not fall into any of the categories mentioned in no/limited contractual capacity