Contracts entered into a state of drunkenness or during a hypnotic spell are: (phil cpa, 93-1; 97-1)
The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. (1264) Show
Ang kawalang-kakayahan na nakasaad sa Article 1327 ay sumasailalim sa pagbabagong naayos sa batas, at naiiintindihang hindi makakasama sa espesyal na mga diskwalipikasyong tinatag ng mga batas. Discussion: The persons enumerated under Article 1327 incapacitated to give consent to contracts due to their lack of mental capacity to do so. They are either deaf-mutes, insane or demented. On the other hand, the special disqualifications mentioned in Article 1329 refer to those explicitly disqualified by law from entering certain contracts:
Incompetents who may be placed under judicial guardianship (under Rule 92, Section 2 of the Revised Rules of Court):
Incapacity to give consent to contracts and special disqualifications distinguished: Those who are incapacitated to give consent to contracts are not prohibited to to exercise their right to enter into a contract. They can still do so through a guardian with the approval of the court. Those who are specially discqualified are prohibited whether or not they have representation. They are absolutely disqualified from entering into a contract. Buslaw2 PDF 50%(2)50% found this document useful (2 votes) 9K views60 pagesDocument Informationclick to expand document information
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Home Books Audiobooks Documents What is the status of a contract agreed to in a state of drunkenness or during a hypnotic spell?Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
Are contracts voidable?A voidable contract is a formal agreement between two parties that may be rendered unenforceable for any number of legal reasons, which may include: Failure by one or both parties to disclose a material fact. A mistake, misrepresentation, or fraud. Undue influence or duress.
What are the classification of contracts according to perfection?According to the mode of formation of contracts, contracts may be classified into three namely, Express Contract, Implied Contract, and. Quasi – Contract.
Which of the following can be considered as a feature of a void contract?A void contract is a contract that isn't legally enforceable, starting from the time it was created. While both a void and voidable contract are null, a void contract cannot be ratified. In a legal sense, a void contract is treated as if it was never created and becomes unenforceable in court.
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