Article 1327
March 25, 2016
The following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write.
(1263a)
Ang mga sumusunod ay hindi maaring magbigay ng pagpayag sa isang kontrata:
(1) Unemancipated Minors
(2) Mga taong mayroong sakit sa pagiisip at mga pipi at bingi na hindi marunong mag
sulat
Discussion:
Persons Who Cannot Give Consent To A contract. –
1. Unemancipated Minors. – minors below 18 years of age. There are no more
unemancipated minors above 18 since the legal age was reduced from 21 to 18.
Emancipation by marriage and parental concession had already been eliminated.
Children below 18 by themselves being minors cannot enter into valid contracts.
However, If misrepresented his age on the contract by stating of his age, and other
party was misled, the contract shall be binding upon him on the basis of estoppel.
2. Insane Or Demented Persons. – When a person is insane or demented, his is
detached from reality. He does not know what he is doing. He cannot act with legal
effects. Consequently, he cannot enter into valid contracts. During lucid intervals, as
may happen in rare cases, they may enter into valid contracts because at this moment,
they are sane and capable of knowing what they are doing.
3. Deaf-Mutes. – Not all deaf-mutes are disqualified to give consent to contracts. Only
those who do not know how to write are disqualified.
Effects Of Contracts Entered By incapacitated Persons. –
The contracts entered into by the incapacitated persons enumerated in the law are not
void. They are only voidable if only one party cannot give his consent. But if both parties
are incapacitated to give consent, the resulting contract is unenforceable (Art. 1407).
Exceptions When Minors Are Liable Under Their Contracts Despite Their
Minority.-
1.When the minor, in entering into a contract actively However, if there is merely silence
in the contract as to the age of the minor, the fraud is not actual but only constructive,
the minor is not bound by his signature. He is guilty only of passive misrepresentation.
2.When the contract involves the sale and delivery of necesarries to the minor, he is
bound thereby (Art. 1489).
3. When the minor, upon reaching the age of majority ratifies the contract he becomes
bound thereby.
4. When the contract is in the form of savings account in the Postal Savings Bank,
provided the minor is at least 7 years of age, the same is valid.
5. When the contract is an insurance for life, health and the accident on the minor’s life.