1. What is the limitation of capacity of the following three persons under the Civil & Commercial Code (CCC): minor, incapacitated person and quasi-incapacitated person? (20 Points)
ANSWER
(a) Minor:
(1) A minor needs a legal representative and requires prior consent from his legal representative prior to doing a juristic act (Section 21);
(2) A minor can do all acts which are strictly personal, suitable to his condition in life and actually required for his reasonable needs whereas the other is required an approval from his parent (Sections 23 and 24); and
(3) On completion of twenty years of age, a person ceases to be a minor and becomes sui juris (Section 19)
(b) Incapacitated Person:
(1) A person of unsound mind may be adjudged incapacitated (incompetent) by the court and shall be placed under guardianship. (Section. 28); and
(2) The guardianship is a legal representative of the incapacitated person and may be revoke by the court. (Section 31)
(c) Quasi-incapacitated Person:
(1) A person who has physical or mental infirmity, habitual prodigality, habitual intoxication or other similar causes making him incapable of managing his own affairs may be adjudged as quasi-incapacitated (quasi-incompetent) by the court (Section 32);
(2) He must be placed under the curatorship who consent when the quasi-incapacitated person would like to have a certain juristic acts.; and (3) The Curatorship may be revoke by the court (Section 36).