Class notes
Incapabilities
- Course
- Institution
Description of the incapabilities to perform legal acts and their remedies.
[Show more]
Seller
Follow
saranembrini
Content preview
5. Lesson 5Friday, 21 January 2022 11:56
If a fact happens and it’s a tort, I’m entitled to obtain a compensation.
It’s not enough for the subject to be entitled of his rights, he must have the capacity to
persons only at the major age are considered able to distinguish what is good/bad - th
decide what kind of acts I want to carry out.
What about the legal subjects such as companies? When are they able to carry out leg
we explain when companies have the ability to act?
—> it’s matter of legal representation - a body who represents the company in the leg
REMEDIES TO PROTECT THE INCAPABILITIES - not everyone has the ability to act, to pr
interest:
○ Minor age: parents or guardians must carry out the legal transactions in the chil
interest.
[The representation can be voluntary (I decide to be represented by someone) o
law decides that I must be represented - minor cases)]
○ Emancipation: only for minors above the age of 16, if the court considers him ma
carry out certain important legal transactions. It can be even authorised to the e
business enterprise
Ex. Art. 1425 A contract is voidable if one of the parties was legally incapable of contra
doesn’t take into consideration the will of the person
A contract is valid until the judge decides otherwise
Art. 1427 mistake, duress and fraud —> if I sign a contract against my will the contract
prove it) —> it takes into consideration the will of the person
○ Disqualification: regarding serious and usual mental disordered adults who are n
care of their own interests —> a guardian must carry out the transaction in their
interest, in order to make a balanced contract.
Ex. Art. A person who has reached the adult age but he is not able to protect his own i
mental condition, he must be interdicted in concluding the transaction —> interdiction
must be substituted
○ Disability: in this case it’s not necessary to intervene with an interdiction —> per
disability have the same capability to exercise rights as emancipated persons: th
undertake acts of management (it doesn’t produce significant consequences in t
ex. Everyday contracts for the light, gas…), but for acts of disposition (acts that h
impact on the legal sphere ex. Contracts such as selling all my properties…) the a
appointed trustee is required
—> these two last points are quite old ways of thinking, it’s almost like considering tha
object. 2 years ago a new disposition was introduced, and it considers the “unable” pe
protagonist of his life:
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller saranembrini. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.12. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75057 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now