Explanation of Article 78
This article addresses the statement of "acts of a discerning minor," which refers to a minor who has completed seven years of age but has not reached the age of majority (eighteen years). The article stipulates that the acts of a discerning minor are subject to the provisions of Article (77), which are:
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First: If the contract is "purely beneficial," in this case, the contract is "valid" and produces its legal effects.
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Second: If the contract is "purely harmful," in this case, the contract is "void" and does not produce any legal effect.
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Third: If the contract is "intermediate between benefit and harm," in this case, the contract is "voidable" and produces its legal effects unless the person with diminished capacity, their guardian, or their trustee requests its annulment. In this case, the contract is annulled and does not produce any legal effect.
It should be noted that this ruling applies to all types of contracts, whether they are contracts of exchange or donation, and whether they are consensual or formal contracts.
This article is considered one of the most important articles related to the acts of a discerning minor, as it protects their rights and provides them with the opportunity to annul the contract if it is harmful to them.
As for "interdiction," which is the prevention of a person from disposing of their property, it will be discussed in detail in Article (79).
Related To
Article 78
The right to demand nullification of a contract may be forfeited by explicit or implicit ratification if such ratification is made by the holder of the right. If the contract is ratified, the ratification shall be deemed effective from the date on which the contract was concluded.