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…
The legal, judicial or contractual representative is authorised to act only within the limits of the powers conferred on him.
Where the representative acts within the limits of his powers in the name and on behalf of the principal, the latter alone is bound by the undertaking thus contracted. Where the representative declares that he is acting on behalf of another but contracts in his own name, he alone is bound with regard to the other contracting party.
Where the representative’s power is defined in general terms, it covers only conservatory and administrative acts. Where the power is specially determined, the representative may only perform the acts for which he is authorised and those which are incidental thereto.
An act performed by a representative without authority or in excess of his authority is unenforceable against the principal, unless the contracting third party legitimately believed in the reality of the representative’s authority, in particular because of the principal’s conduct or statements. Where he was unaware that the act was performed by a representative without authority or beyond his powers, the contracting third party may invoke its nullity. Neither the…
Where the representative misuses his powers to the detriment of the principal, the latter may invoke the nullity of the act performed if the third party was aware of the misuse or could not have been unaware of it.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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