Civil Code Art. 1327: Essential Requisites

Statute: Civil Code
Article: Art. 1327
Topic: Essential Requisites of Contracts
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 2 Essential Requisites of Contracts
Formerly: Art. 1263a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The following cannot give consent to a contract: (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

Intellegal Wiki · In plain terms

Certain people legally cannot give valid consent to a contract: minors who have not been emancipated, persons who are insane or mentally incapacitated, and deaf-mutes who do not know how to write. A contract entered into by these persons is defective because one side lacks the capacity to agree.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Paulina Garcia v. Roberto Sañgil G.R. No. 29593
Maria Acosta Francisco v. Antonio Y. Montes G.R. No. 212801

Related provisions in this Chapter

Civil Code, Art. 1326 Essential Requisites of Contracts
Civil Code, Art. 1324 Essential Requisites of Contracts
Civil Code, Art. 1331 Essential Requisites of Contracts
Civil Code, Art. 1332 Essential Requisites of Contracts
Civil Code, Art. 1334 Essential Requisites of Contracts
Civil Code, Art. 1335 Essential Requisites of Contracts
Civil Code, Art. 1338 Essential Requisites of Contracts

Civil Code, Art. 1327 is found in CHAPTER 2 Essential Requisites of Contracts of TITLE II CONTRACTS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.