Capacity to Buy and Sell.pdf

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University Of the City of Manila (Pamantasan ng Lungsod ng Maynila)*
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LAW RFLIB
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1
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Feb 11, 2024
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CHAPTER 2 Capacity to Buy or Sell Art. 1489. General Rule: All persons who can bind themselves have legal capacity to enter into a contract of sale. Exception: Persons who are incapacitated (inability to give consent) KINDS OF INCAPACITY 1. Absolute - persons who can't enter a contract in all circumstances * voidable (consent is vitiated) or unenforceable (parties are both minor) e.g. minors, insane people, those incapable to write 2. Relative - certain persons can't buy certain properties Necessaries - covers everything indispensable for sustenance, dwelling, clothing, medical assistance, education and transportation Art. 1490. General rule: Spouses (legal or common law relationships) can't sell property to each other. Exceptions: 1. there is a separation of property agreed upon in the marriage 2. there has been a judicial separation of property Art. 1491. Can't acquire by purchase a. Guardian over the property of those under his guardianship b. Property of the principal under an agent *agents can buy after the termination of the relationship of the principal and agent c. Executors and administrators over the property under their administration d. Public officers and employees over the property of the state or any government- controlled or owned w/c was entrusted to them e. Justices, judges, attorneys over properties still in pendency *lawyers can acquire or purchase them after the finality of a favorable judgment *can serve as professional fees
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