Obligations and Contracts – Capacity

Obligations and Contracts – Capacity

Art. 1918. General statement of capacity. All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.

Revision Comment 1984: Art.1918 formulates the general principle that capacity is the rule; the lack of it, the exception.

Art. 27. General Legal Capacity. All natural persons enjoy general legal capacity to have rights and duties.

Revision Comment (b): The general legal capacity of a natural person is contrasted with his capacity to acquire rights and assume obligations by virtue of juridical acts.

Art. 28. Capacity to make juridical acts. A natural person who has reached majority has capacity to make all sorts of juridi­cal acts, unless otherwise provided by legislation.

Art. 1922. Fully emancipated minor. A fully emancipated minor has full contractual capacity.

Art. 1923. Incapacity of unemancipated minor; exceptions. A contract by an unemancipated minor may be rescinded on grounds of incapacity except when made for the purpose of providing the minor with something necessary for his support or education, or for a purpose related to his business.

Art. 1924. Mere representation of majority; reliance. The mere representation of majority by an unemancipated minor does not preclude an action for rescission of the contract. When the other party reasonably relies on the minor’s representation of majority, the contract may not be rescinded.