Civil Code

Art. 1489. All persons who are authorized in this Code to obligate themselves,
may enter into a contract of sale, saving the modifications contained in the
following articles.
Where necessaries are those sold and delivered to a minor or other person
without capacity to act, he must pay a reasonable price therefor. Necessaries are
those referred to in Article 290. (1457a)
Art. 1490. The husband and the wife cannot sell property to each other, except:
Art. 46. Juridical persons may acquire and possess property of all kinds, as well
as incur obligations and bring civil or criminal actions, in conformity with the
laws and regulations of their organization.
Art. 1327. 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)

(1) When a separation of property was agreed upon in the marriage settlements;
or
(2) When there has been a judicial separation or property under Article 191.
(1458a)
Art. 1491. The following persons cannot acquire by purchase, even at a public
or judicial auction, either in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his
guardianship;
(2) Agents, the property whose administration or sale may have been entrusted
to them, unless the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under
administration;
(4) Public officers and employees, the property of the State or of any
subdivision thereof, or of any government-owned or controlled corporation, or
institution, the administration of which has been intrusted to them; this
provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;
Art. 1390. The following contracts are voidable or annullable, even though
there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation,
undue influence or fraud.
These contracts are binding, unless they are annulled by a proper action in court.
They are susceptible of ratification.
Art. 1399. When the defect of the contract consists in the incapacity of one of
the parties, the incapacitated person is not obliged to make any restitution
except insofar as he has been benefited by the thing or price received by him.
Art. 1403. The following contracts are unenforceable, unless they are ratified:
(3) Those where both parties are incapable of giving consent to a contract.
Art. 1407. In a contract where both parties are incapable of giving consent,
express or implied ratification by the parent, or guardian, as the case may be, of
one of the contracting parties shall give the contract the same effect as if only
one of them were incapacitated.
If ratification is made by the parents or guardians, as the case may be, of both
contracting parties, the contract shall be validated from the inception.

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts,
and other officers and employees connected with the administration of justice,
the property and rights in litigation or levied upon an execution before the court
within whose jurisdiction or territory they exercise their respective functions;
this prohibition includes the act of acquiring by assignment and shall apply to
lawyers, with respect to the property and rights which may be the object of any
litigation in which they may take part by virtue of their profession.
Art. 1409. The following contracts are inexistent and void from the beginning:
(7) Those expressly prohibited or declared void by law.
Art. 1868. By the contract of agency a person binds himself to render some
service or to do something in representation or on behalf of another, with the
consent or authority of the latter.

(6) Any others specially disqualified by law. (1459a)

Art. 1492. The prohibitions in the two preceding articles are applicable to sales
in legal redemption, compromises and renunciations. (n)

OTHER PROVISIONS

Art. 24. In all contractual, property or other relations, when one of the parties
is at a disadvantage on account of his moral dependence, ignorance, indigence,
mental weakness, tender age or other handicap, the courts must be vigilant for
his protection.

Title I. - CIVIL PERSONALITY

Art. 37. Juridical capacity, which is the fitness to be the subject of legal
relations, is inherent in every natural person and is lost only through death.
Capacity to act, which is the power to do acts with legal effect, is acquired and
may be lost. (n)
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction are mere restrictions on capacity to act, and do
not exempt the incapacitated person from certain obligations, as when the latter
arise from his acts or from property relations, such as easements. (32a)

Art. 39. The following circumstances, among others, modify or limit capacity
to act: age, insanity, imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in this Code, other codes,
the Rules of Court, and in special laws. Capacity to act is not limited on account
of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of
civil life, except in cases specified by law. (n)