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Persons Capacity

Page: 3

Section: 24 - 31

Section 24.- A minor can do all acts which are suitable to his condition in life, and actually required for his reasonable needs.

Section 25.- A minor, after completing fifteen years of age, can make a will.

Section 26.- When the legal representative permits a minor to dispose of property for a purpose specified by him, the minor may, within the limits of such a purpose, dispose of it at his pleasure. He may do the same as to property which he has been permitted to dispose of without any purpose being specified.

Section 27.- The legal representative may permit a minor to carry on a commercial business or other business, or to enter into a hire of services contract as an employee. In case of refusal by the legal representative without reasonable ground, the minor may apply to the Court for granting permission.

The minor shall, in relation to the carrying on business or the hire of services under paragraph one, have the same capacity as a person sui juris.

If the carrying on the business or the rendering of services so permitted under paragraph one causes a serious damage or injury to the minor, the legal representative may terminate the permission granted to the minor or may, in case of having been granted by the Court, apply to the Court for a revocation of the permission so granted.

If the permission is unreasonably terminated by the legal representative, the minor may apply to the Court for revoking the termination of the permission of the legal representative.

The termination of permission made by the legal representative or the revocation of permission by the Court would make the minor’s capacity of a person sui juris cease to exist, but does not affect any acts done by the minor before the termination or revocation of the permission.

 

 Section 28.- A person of unsound mind may be adjudged incompetent by the Court on the application of any spouse, ascendants, descendants, guardian or curator, a person taking care of the person or of the Public Prosecutor.

The person adjudged incompetent under paragraph one must be placed under guardianship. The appointment of guardian, power and duties of guardian, and termination of guardianship shall be in accordance with provisions of Book V of this Code.

The order of the Court under this Section shall be published in the Government Gazette.

 

Section 29.- An act done by a person adjudged incompetent is viable.

 

Section 30.- An act done by a person of unsound mind but not adjudged incompetent is voidable only when the act was done at a time when he was actually of unsound mind, and the other party had knowledge of such unsoundness.

 

Section 31.-  If the cause of the incompetence ceases to exist, the Court shall, on the application of the person himself or of any of the persons mentioned in Section 28, revoke the adjudication.

The order of the Court revoking the adjudication under this Section shall be published in the Government Gazette.