Text of the provision
Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.
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
This is the principle of parens patriae in private law. Where one party to a relationship is weaker — through moral dependence, ignorance, poverty, mental weakness, tender age, or any handicap — the courts must actively protect them. It underlies the special scrutiny courts give to contracts of adhesion, transactions with illiterates, and dealings that exploit inequality.
Related provisions
- Article 19 — justice and good faith in all relations.
- Article 1332 — burden on the party who drafted a contract with an illiterate (once built).
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.