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have given their assent to it, either expressly or by implication.

ART. 1774.-The cases, in which assent is implied, are particularly determined by law.

ART. 1775.-All persons have the capability to contract, except those whose incapacity is specially declared by law. These are persons of insane mind, slaves, those who are interdicted, minors, married women.

ART. 1776.—All cases of incapacity are subject to the following modifications and exceptions.

ART. 1777.-Persons interdicted can, in no cases whatever, make a valid contract after the petition has been presented for their interdiction, until it be legally removed.

ART. 1778.-Minors emancipated may contract in the cases already provided by law, and when not emancipated, their contracts are valid, if made with the intervention of their tutors or curators, and with the assent of a family meeting, in the cases where by law it is required.

When the minor has no tutor or curator, or they neglect to supply him with necessaries for his support or education, a contract or quasi contract for providing him with what is necessary for those purposes, is valid.

A minor is also capable of accepting the contract of mandate, under the restrictions and modifications contained in the title on that subject.

His stipulations in a marriage contract, if made with the assent of those whose authority is in such case required by law, are also valid.

The obligation arising from an offence or quasi offence, is also binding on the minor.

In all other cases, the minor is incapacitated from contracting, but his contracts may be rendered valid by ratification, either expressed or implied, in the manner

and on the terms stated in this title under the head of nullity or rescision of agreements.

ART. 1779.—The incapacity of the wife is removed by the authorization of the husband, or, in cases provided by law, by that of the judge.

The authorization of the husband to the commercial contracts of the wife is presumed by law, if he permits her to trade in her own name; to her contracts for necessaries for herself and family, where he does not himself provide them; and to all her other contracts, when he is himself a party to them.

The unauthorised contracts made by married women, like the acts of minors, may be made valid, after the marriage is dissolved, either by express or implied assent.

ART. 1780.-A married woman may act as mandatary, and her acts will bind the mandator and the person with whom she contracts in her name; although she be not authorized by her husband, but the mandator has no action against her on the contract.

ART. 1781.-The contract, entered into by a person of insane mind, is void as to him for the want of that assent, which none but persons, in possession of their mental faculties, can give. It is not the judgment of interdiction therefore, that creates the incapacity, it is evidence only of its existence, but it is conclusive evidence, and from these principles result the following rules:

1. That, after the interdiction, no other evidence than the interdiction itself is necessary to prove the incapacity of the person, and to invalidate any contract he may have made after the day the petition for interdiction was presented, and that no evidence to show that the act was made during a lucid interval, or to contradict the judgment of interdiction, can be admitted;

2. As to contracts, made prior to the application for the interdiction, they can only be invalidated by proving

the incapacity to have existed at the time the contracts were made;

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3. But in order to prevent imposition, it is not enough to make the proof mentioned in the last rule it must also, in that case, be shown that the person interdicted was known by those who generally saw and conversed with him, to be in a state of mental derangement, or that the person, who contracted with him, from that or other circumstances was acquainted with his incapacity;

4. That, except in the case of death hereafter provided for, no suit can be brought, nor any exception made, to invalidate a contract on account of insanity, unless judgment of interdiction be pronounced before bringing the suit, or at least applied for before making the exception;

5. That if the party die within thirty days after making the act or contract, the insanity may be shown by evidence, without having applied for the interdiction; but if more than that time elapse, the insanity cannot be shown to invalidate the act or contract, unless the interdiction shall have been applied for, except in the case provided for in the following rule;

6. That if an instrument or other act of a person deceased contain in itself evidence of insanity in the party, then it shall be declared void, although more than thirty days have elapsed between the time of making the act and the death of the party, and although no petition shall have been presented for his interdiction;

7. In the case mentioned in the preceding rule, other proofs of insanity may be offered by the party, who alleges the incapacity, or may be required by the judge;

8. That, where insanity is alleged to avoid a donation or other gratuitous contract, it is not necessary to show that the incapacity was generally known; it will be sufficient to show that it existed, and if the party be dead, without having been interdicted, it is not necessary in

this case to show that the interdiction was applied for;

9. That evidence of general and habitual insanity in order to avoid a contract, may be rebutted by showing that the contract or act was made during a lucid interval; but where general insanity, even with some intervals, is shown, the burthen of showing that the particular act in dispute was made during such an interval, is thrown on the party, who supports the validity of the act or contract;

10. That insanity may be alleged and proved to invalidate a testament, although no interdiction have been applied for, nor in that case is it necessary to prove that the insanity was notorious;

11. The allegation in a testament that the testator was of sound mind, cannot prevent proof of the contrary being given in evidence, even by the witnesses to the will;

12. That, when these rules refer to the time of presenting the petition for interdiction, as a period which is to determine the validity of a contract or other act, such petition is meant as has not been withdrawn or dismissed;

13. That, while the judgment of interdiction is in force, it is conclusive evidence of incapacity; but that it may be annulled, whenever the insanity ceases, but it can only be annulled by a judgment.

ART. 1782.-A temporary derangement of intellect, whether arising from disease, accident or other cause, also creates an incapacity pending its duration, provided the situation of the party and his incapacity was apparent.

ART. 1783.-The only case, in which slaves can contract on their account, is for their emancipation. They may contract for their masters, when authorized by

them.

ART. 1784.-Besides the general incapacity, which persons of certain descriptions are under, there are others

applicable only to certain contracts, either in relation to the parties, such as a huband and wife, tutor and ward, whose contracts with each other are forbidden; or in relation to the subject of the contract, such as purchases, by the administrator of any part of the estate which is committed to his charge, and the incapacity of the wife, even with the assent of the husband, to alienate her dotal property, or to become security for his debts. These take place only in the cases specially provided by law, under different titles of this code.

ART. 1785.-The persons who have treated with a minor, the person interdicted, or of insane mind, or with a married woman, cannot plead the nullity of the agreement, if it is sought to be enforced by the party, when the disability shall cease, or by those who legally administer the rights of such person during the disability. Even a contract made with a slave may be enforced by the master, if he chooses to affirm it for his benefit.

ART. 1786. If the contract be reciprocal, it must not be enforced on one side only; and if the minor, or other incapacitated person, opposes his incapacity against any part of the agreement, the whole of the contract is void.

ART. 1787.-If, in a contract with an incapacitated person, or in a contract void for want of form, entered into with any one for the benefit of such incapacitated person, any consideration be paid or given, and the contract be afterwards invalidated on account of such incapacity or want of form, the consideration so paid or given must be restored, if it was applied to the necessary use or benefit of the incapacitated person.

ART. 1788.-A person, who, being ignorant of the incapacity of one unable to contract, shall make an agreement with such person, may, immediately after he has discovered the incapacity, call on the party, if the incapacity has ceased, or on the person having the legal

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