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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

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?

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A capable contracting party cannot allege the incapacity of the person with whom that party contracted as the ground for annulment. Unprofitability makes the contract absolutely simulated. The adult may always invoke the minor’s incapacity for personal advantage. Every witness may annul the contract.

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