Explanation of Article 16
After the previous articles determined a number of provisions related to the natural person, including those related to their capacity—its completeness, deficiency, and loss—this article stipulates that these provisions are part of the public order that cannot be agreed upon to be violated.
Thus, relinquishing capacity or modifying its provisions is not within the person's rights; this is to protect them from themselves and others. This prohibition includes both the capacity to have rights and the capacity to act. It goes without saying that the ruling of this article does not include preventing a person from acting or restricting them according to the provisions of the system based on a contract, system, or other sources of obligation, as this is not considered a relinquishment of capacity or a modification of its provisions.
Similarly, with capacity, freedom cannot be relinquished or its provisions modified except to the extent that does not conflict with public order. Freedom cannot be a subject of transaction, such as a person committing to work for a specific person indefinitely or committing not to practice a certain profession throughout their life.
In extension of the previous provisions related to the personality of a natural person, anyone who has been unlawfully assaulted on a right inherent to their personality has the right to demand the cessation of this assault along with compensation for any damage incurred.
Related To
Article 16
No person may waive his competency or modify its provisions.