Text of the provision
Art. 1329. The incapacity declared in article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws.
(1264)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The incapacity in Article 1327 is subject to modifications set by law and is without prejudice to special disqualifications established elsewhere (e.g., spouses selling to each other).
Article 1327 lists persons who lack the capacity to give consent to a contract. This article recognizes that such incapacity is not frozen in place: the legislature may narrow, expand, or otherwise adjust who is covered, and other laws may impose further disqualifications aimed at particular transactions or relationships that go beyond the general incapacity rule. Those special disqualifications operate independently and are not displaced simply because a person otherwise satisfies the general capacity requirements of Article 1327.
Questions about this provision
Related provisions
- Article 1328 — Lucid Intervals; Drunkenness; Hypnosis.
- Article 1330 — Vices of Consent.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.