Practice question
A capable adult knowingly contracts with an incapable minor, then seeks annulment solely on the minor’s incapacity after the transaction becomes unprofitable for the adult. No independent ground is asserted. What does Article 1397 provide?
- The adult may always invoke the minor’s incapacity for personal advantage.
- Unprofitability makes the contract absolutely simulated.
- Every witness may annul the contract.
- Only the seller can invoke incapacity regardless of who is incapable.
- A capable contracting party cannot allege the incapacity of the person with whom that party contracted as the ground for annulment.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1390–1399.
- https://lawphil.net/statutes/repacts/ra1989/ra_6809_1989.html — RA 6809, sections1 and3: majority at eighteen, subject to special-law exceptions.
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