Explanation of Article 14
The article explains the third type of persons in terms of their capacity, which is the person with diminished capacity, and includes:
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First: A minor who has reached the age of discernment but has not reached the age of majority. It was previously stated that the age of discernment is the completion of seven years, and the age of majority is the completion of eighteen years. Whoever is between them is discerning, but his discernment is not complete, thus he is of diminished capacity.
It must be noted that diminished capacity affects transactions, but his material acts, specifically unjust enrichment and harmful acts, he is responsible for them, as explained by the provisions of the articles related to harmful acts and unjust enrichment in articles (122, 144).
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Second: The imbecile, defined by the article as: a person of diminished intellect who has not reached the level of insanity.
Imbecility is a disorder in the mind due to an inherent defect or an incidental illness that makes the person have little understanding, confused speech, and poor judgment. Whoever is characterized by this is of diminished capacity, and if the imbecility becomes severe, he becomes like an insane person with no capacity.
Since both insanity and imbecility require proof through an expert report, the distinction between insanity and imbecility is a medical matter that refers to the expert's opinion. The system chose to consider the imbecile as having diminished capacity, contrary to some legal trends, because he differs from the insane in reality, and considering him as having diminished capacity is more suitable for preserving the rights of those described by this characteristic and the rights of those dealing with him, and is more conducive to the stability of transactions.
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Third: The person interdicted for prodigality or being gullible. Prodigality and gullibility are conditions affecting capacity, but they do not affect the mind unlike insanity and imbecility; rather, they are related to the inability to manage; this type includes:
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A- The person interdicted for prodigality, and prodigality is the waste and squandering of money, and the prodigal is one who spends his money on what is of no benefit to him.
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B- The person interdicted for being gullible, and the gullible person is one who is easily deceived and tricked in transactions either due to lack of experience or naivety.
It is needless to say that for the aforementioned to be considered of diminished capacity, a judgment of interdiction must be issued against them.
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Related To
Article 14
Partially incompetent persons are as follows:
a) A minor who has reached the age of discernment but has not reached the age of majority.
b) A lunatic: A person who is deficient in reason but has not reached the point of idiocy.
c) A person interdicted for being a spendthrift or for being imprudent.