Incapacity and Fraud

Art. 1327 The following cannot give consent to a contract:

a. Unemancipated minors

b. Insane or demented persons, deaf and  mutes who do not know how to read and write.

Contracts entered into lucid intervals is valid.

Art. 1330 A consent is given through;

  1. Mistake
  2. Violence
  3. Intimidation – (fear or imminent threat)
  4. Undue influence (improper advantage of his power)
  5. Fraud

*Contract is voidable if the consent is vitiated.

Art. 1336 Violence or Intimidation shall annul the obligation , although it may have been employed by a third person who did not take part in the contract.

Kinds of Fraud



About Jonathan Ruiz CPA

Entrepreneur, CPA Mentor, Stock market Newbie Mentor, Influential Author and Master's Degree in International Business graduate in Hult International Business School, UK. A father of two lovely daughters.
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