Explanation of Article 13
The article, in its two paragraphs, clarifies the second type of persons concerning their legal capacity, which is the person lacking capacity, who is devoid of discernment. The lack of discernment may be due to young age or insanity.
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A person lacking discernment due to young age is a minor who has not reached the age of seven, as explained in the second paragraph; thus, they are considered devoid of capacity before reaching this age.
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A person lacking discernment due to insanity is someone whose mind is completely lost and recovery is not expected, regardless of whether the insanity has been present since birth or occurred later.
The system chooses to consider insanity as a factor affecting capacity without distinguishing between whether the insanity is absolute or not. If a judgment is issued for the interdiction of the insane person, their actions are deemed void, as will be explained, even if they occasionally recover; this is the most appropriate approach to regulate the rights of the insane and those dealing with them. The same ruling applies to anyone suffering from senility, as determined by a court ruling.
The provisions of interdiction, its causes, and its removal are established in the Personal Status Law.
Related To
Article 13
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An incompetent person is a person who is non-discerning due to young age or idiocy.
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A person under the age of seven shall be deemed a non-discerning person.