Lecture notes
Incapabilities
- Module
- Institution
Description of the incapabilities to perform legal acts and their remedies.
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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:
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