Explanation of Article 76
After Article (31) outlined the three pillars of a contract: consent, subject matter, and cause, Article (76) and the subsequent articles came to clarify the rule of "capacity of the contracting parties," which is: the ability of a person to acquire rights, bear obligations, and conduct legal acts and transactions, which is a condition for the validity of the contract.
The article stipulated that the capacity of the contracting parties must be "complete," meaning that the contracting party must be "of sound mind," "not interdicted," and "not suffering from any impediment to capacity," such as insanity, idiocy, prodigality, negligence, and the like.
It is worth noting that the capacity of the contracting parties is not absolute but is restricted by the limits of public order and public morals, so it is not permissible to contract on what contradicts public order or public morals.
The lack of capacity of the contracting parties results in the "nullity of the contract," which does not produce any legal effect, as will be mentioned in Article (162).
As for "deficiency of capacity," which is: when the contracting party is "discerning," "not of sound mind," "not interdicted," or "suffering from some impediments to capacity," it will be discussed in detail in Article (77).
Related To
Article 76
Any contract the grounds for which are not stated shall be deemed to be based on legitimate grounds, unless proven otherwise.