Beruflich Dokumente
Kultur Dokumente
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