Explanation of Article 82
This article addresses the statement of "impediments to capacity," which are: matters that occur to a person and affect their capacity. The article states that the impediments to capacity include:
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First: "Insanity," which is the complete loss of mind, leading to "lack of capacity." Thus, the insane person is not allowed to manage their money, enter into contracts, and the like.
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Second: "Imbecility," which is a deficiency of mind that does not reach the level of insanity, leading to "diminished capacity." Thus, the imbecile is not allowed to manage their money, enter into contracts, and the like, except with the permission of their guardian or trustee.
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Third: "Prodigality," which is the squandering and wasting of money, leading to "diminished capacity." Thus, the prodigal is not allowed to manage their money, enter into contracts, and the like, except with the permission of their guardian or trustee.
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Fourth: "Negligence," which is the ease of being deceived and tricked, leading to "diminished capacity." Thus, the negligent person is not allowed to manage their money, enter into contracts, and the like, except with the permission of their guardian or trustee.
It is worth noting that these impediments do not affect the capacity for obligation but rather affect the capacity for performance, which is the person's ability to directly engage in actions with legal effect.
This article is considered one of the most important articles related to impediments to capacity, as it protects the rights of individuals who suffer from these impediments and provides them with the opportunity to annul harmful transactions against them.
Related To
Article 82
In the case of contract nullification or nullity, the contracting parties shall be reinstated to their status prior to the conclusion of the contract. If reinstatement is not possible, compensation may be granted.