Sie sind auf Seite 1von 1

Bambalan

v Maramba
51 Phil 417
Minority: Contracts
Case brief written by Masako Ninomiya
_________________________________________________________________________________________________

Facts:
Isidro Bambalan, a minor, owns a piece of land.
Forced by his mother, who was threatened by imprisonment by one
Genoveva, sold his the land
Isidro did not conceal his age in the selling of the land, instead, all parties
knew his age.

Issue
WON the sale of the said land is valid

Held
No, the selling of the land is void because of Isidros minority.

Ratio
The following contracts are voidable or annullable, even thought there may
have been no damages to the contracting parties:
o Article 38, NCC: Minority, insanity or the state or imbecility, the state
of being a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act (aptitude for the exercise o rights), and
do not xempt the incapacitated person from certain obligations, as
when the latter arise from his acts or from property relations, such as
easements

Das könnte Ihnen auch gefallen