Obs- Capacity

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General legal capacity.

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All natural persons enjoy general legal capacity to have rights and duties.
1) Capacity of Enjoyment/general- To have rights and duties; everyone/all persons (natural persons and juridical persons)
2) Capacity of Exercise/special- Capacity to enter juridical acts by yourself.

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Kinds of persons.

Back 2

There are two kinds of persons: natural persons and juridical persons.
A natural person is a human being. A juridical person is an entity to which the law attributes personality, such as a corporation or a partnership. The personality of a juridical person is distinct from that of its members.

Front 3

General statement of capacity.

Back 3

GR: All persons have capacity to contract, except unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.

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Age of majority.

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Majority is attained upon reaching the age of eighteen years.

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Emancipation

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There are three kinds of emancipation: judicial emancipation, emancipation by marriage, and limited emancipation by authentic act.

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Judicial emancipation

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A court may order for good cause the full or limited emancipation of a minor sixteen years of age or older. Full judicial emancipation confers all effects of majority on the person emancipated, unless otherwise provided by law. Limited judicial emancipation confers the effects of majority specified in the judgment of limited emancipation, unless otherwise provided by law.

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Emancipation by marriage

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A minor is fully emancipated by marriage. Termination of the marriage does not affect emancipation by marriage. Emancipation by marriage may not be modified or terminated.

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Limited emancipation by authentic act.

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An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.

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Fully emancipated minor.

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A fully emancipated minor has full contractual capacity.

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Incapacity of unemancipated minor; exceptions.

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A contract by an unemancipated minor may be rescinded on grounds of incapacity except when made for the purpose of providing the minor with something necessary for his support or education, or for a purpose related to his business.

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Mere representation of majority; reliance

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The mere representation of majority by an unemancipated minor does not preclude an action for rescission of the contract. When the other party reasonably relies on the minor's representation of majority, the contract may not be rescinded.

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Minors; incapacity to make donations, exceptions

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A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children.
A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa. He may make a donation inter vivos in favor of his spouse or children.

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Curators.

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The court shall appoint a curator to represent the interdict in juridical acts and to care for the person or affairs of the interdict, or any aspect of either. The duties and powers of a curator commence upon his qualification. In discharging his duties, a curator shall exercise reasonable care, diligence, and prudence and shall act in the best interest of the interdict.
The court shall confer upon a curator of a limited interdict only those powers required to protect the interests of the interdict.

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Full interdiction

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A court may order the full interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity, is unable consistently to make reasoned decisions regarding the care of his person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

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Limited interdiction.

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A court may order the limited interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of his person or property, or any aspect of either, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

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Capacity to make juridical acts

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A full interdict lacks capacity to make a juridical act. A limited interdict lacks capacity to make a juridical act pertaining to the property or aspects of personal care that the judgment of limited interdiction places under the authority of his curator

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PDR

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The expression “persons deprived of reason” is designed to include all of the varieties of derangement that have been acknowledged by the Louisiana jurisprudence.

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Noninterdicted person deprived of reason; protection of innocent contracting party by onerous title.

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A noninterdicted person, who was deprived of reason at the time of contracting, may obtain rescission of an onerous contract upon the ground of incapacity only upon showing that the other party knew or should have known that person's incapacity.
if gratuitous k rule doesnt apply.

Front 19

Noninterdicted person deprived of reason; protection of innocent contracting party by onerous title.comment

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Under this Article, rescission of an onerous contract entered into by a person deprived of reason who was not interdicted at the time of contracting can only be obtained upon a showing that the capable person knew or reasonably should have known that he was dealing with a person deprived of reason. Proof that the alleged incapable was “notoriously insane” at the time of contracting raises a rebuttable presumption that the other party knew that he was contracting with a person deprived of reason.

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Right to plead rescission

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A contract made by a person without legal capacity is relatively null and may be rescinded only at the request of that person or his legal representative.

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Right to plead rescission; interdict

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In the case of an interdict, the action to rescind the contract is available only to the interdict or his curator. The action to rescind a contract executed by an interdict is susceptible of prescription, the period of which commences to run from the day that the interdiction is removed.

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Prescription of action.

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Action of annulment of a relatively null contract must be brought within five years from the time the ground for nullity either ceased, as in the case of incapacity or duress, or was discovered, as in the case of error or fraud.

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Right to require confirmation or rescission of the contract

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Immediately after discovering the incapacity, a party, who at the time of contracting was ignorant of the incapacity of the other party, may require from that party, if the incapacity has ceased, or from the legal representative if it has not, that the contract be confirmed or rescinded.