Part II - Capacity To Buy Or Sell

Question 1

Who can validly enter into a contract of sale? Who can’t validly enter into a contract of sale?

Answer 1

All persons who has the capacity to act can enter into a contract of sale.

The persons who can’t enter into a contract of sale are:
1.) Minors
2.) Civil Interdicted Person
3.) Insolvent Person
4.) Spouses (Exception: if the property is governed by the complete separation of property or there has been a judicial separation of property between the spouses)
5.) Guardian (if the property belongs to a person under his guardianship)
6.) Administrators and executors (if the property is under their administration)
7.) Agent (if the property is entrusted to them)
8.) Public officers and employees (if the property is owned by the State)
9.) Officers of the court (if the property and rights which are object of any litigation in which they take part. Exception: if the case has already final and executory judgement)

With regards to guardians, administrators, and agents, contracts of sale entered by them are considered as voidable. Thus, the contract of sale becomes valid if ratified by the other party.

With regards to public officers and officers of the court, the contract of sale is void.