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Article 2 - Capacity

  1. Every natural person has, from birth, passive capacity — that is, the capacity to hold rights and bear obligations.

  2. Active capacity — that is, the capacity to perform juridical acts and to exercise rights independently — is governed by age, soundness of mind, and such other conditions as this Code prescribes.

  3. Full active capacity is attained upon reaching the age of majority as defined in this Code, or upon emancipation.

  4. Active capacity comprises:

  1. The capacity to enter into contracts and other obligations.
  2. The capacity to dispose of one's property by act inter vivos or by testament.
  3. The capacity to marry and to exercise parental authority.
  4. The capacity to commence, defend, and intervene in legal proceedings in one's own name.
  5. The capacity to perform all other juridical acts not expressly reserved by law.
  1. Certain juridical acts require special capacity or additional conditions beyond full active capacity; these include:
  1. Acts of suretyship and guarantee, which require that the person understand the nature and extent of the obligation assumed.
  2. Renunciation of rights, which must be express and informed.
  3. Such other acts as the law may specify.

  1. Restrictions on the capacity to act may be imposed only by law and only to the extent necessary for the protection of the person concerned or of third parties. A restriction shall be construed narrowly and shall not extend beyond its stated purpose.

  2. Any juridical act performed by a person lacking the requisite capacity is voidable at the instance of that person, their legal representative, or any other party entitled by law to invoke the defect. However:

  1. The other party to a voidable act may not invoke the incapacity of the person with whom they dealt.
  2. A voidable act may be confirmed, expressly or tacitly, once the ground of incapacity has ceased.
  3. The right to annul a voidable act is extinguished after a period of three years from the date on which the incapacity ceased or was discovered, unless the law provides otherwise.