Capacity to buy or sell

All persons who are authorized in the Civil Code to obligate themselves, may enter into a contract of sale, saving the modifications contained in the following articles. (Article 1489, Ibid.)

1. Minors or incapacitated persons

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. (Paragraph 2, Article 1489, Ibid.)

Cross-referenced article/sSupport is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family. (Article 290, Ibid.)Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority. (Paragraph 2, Article 290, Ibid.)

2. Husband and wife

The husband and the wife cannot sell property to each other, except:1) When a separation of property was agreed upon in the marriage settlements; or2) When there has been a judicial separation or property under Article 191. (Article 1490, Ibid.)

Applies to sales in legal redemption, c...


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