CHAPTER 2: THE CAPACITY TO BUY OR SELL
ARTICLE 1489. All person who are authorized in this Code to obligate themselves, may enter into a contract of sale,
saving the modifications contained in the following articles.
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 Article 290.
GENERAL RULE:
All person, whether natural or juridical, who can bind themselves, have legal capacities to enter into contract
of sale.
EXCEPTION:
Persons who are incapacitated.
KINDS OF INCAPACITY
1. Absolute Incapacity
These are the person who cannot enter into a contract of sale in all circumstances; otherwise, the
contract of sale is defective, either voidable or unenforceable.
2. Relative Incapacity
These are certain person, under certain circumstances, cannot buy certain property.
WHAT ARE NECESSARIES?
These covers everything indispensable for sustenance, dwelling, clothing, medical attendance, education and
transportation.
ARTICLE 1490. The husband and wife cannot sell property to each property except:
(1) When a separation of property was agreed upon in the marriage settlements; or
