Chapter II: Formation of the contract

The following are incapable of contracting, to the extent defined by law: 1° Unemancipated minors; 2° Protected adults within the meaning of article 425.

Incapacity to contract is a cause of relative nullity.

A person who is incapable of entering into a contract may nevertheless carry out on his or her own the ordinary acts authorised by law or custom, provided that they are entered into under normal conditions.

Routine acts performed by a minor may be annulled on the grounds of simple injury. However, nullity is not incurred where the lesion results from an unforeseeable event. A simple declaration of majority made by the minor is not an obstacle to annulment. The minor may not evade the commitments he has made in the exercise of his profession.

Acts performed by protected adults are governed by articles 435,465 and 494-9 without prejudice to articles 1148,1151 and 1352-4.

The capable contracting party may oppose the action for nullity brought against him by establishing that the act was useful to the protected person and free from lesion or that it benefited the protected person. He may also oppose the action for nullity by confirming the act by his co-contractor who has become or has become capable again.

The limitation period for the action runs: 1° In respect of acts performed by a minor, from the day of majority or emancipation; 2° In respect of acts performed by a protected adult of full age, from the day on which he became aware of them when he was in a position to perform them validly again; 3° With regard to the heirs of the person under guardianship or curatorship…