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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSA. Natural Persons1. Capacity to Act, Restrictions - Civil Code, arts. 37-39

Question

Question A: Natural Persons - Capacity to Act, Restrictions

Alexandra, a 16-year-old student, wants to enter into a business venture with her friend, Benjamin. They plan to start a small clothing business together. Alexandra's parents are concerned about her capacity to enter into such a legally binding agreement at her age. They seek legal advice on the matter.

Based on the provisions of the Civil Code of the Philippines, particularly articles 37 to 39, answer the following:

  1. What is the general rule regarding the capacity to act of persons?
  2. Are there any exceptions to the general rule? If yes, what are they?
  3. In Alexandra's case, would she have the capacity to enter into a business venture with Benjamin? Explain your answer.
  4. What are the possible legal consequences if Alexandra proceeds with the business venture despite her age?



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Bar Review Question: Question A: Natural Persons - Capacity to Act, Restrictions Alexandra, a 16-year-old student, wants