Question from Astrid, What Does “Minor Between 18 and 21 Years of Age” Mean in Article 1426 of the Philippine Law?
Answer from AI:
In the context of Philippine law, the term “minor” can sometimes refer to individuals who are between 18 and 21 years of age. This is a unique feature of the Philippine legal system and is different from many other jurisdictions where the age of majority is 18.
Understanding the Age of Majority in the Philippines
In the Philippines, the age of majority is 18, as per the Family Code of the Philippines. This means that when a person reaches 18 years old, they are generally considered an adult and can enter into legally binding contracts. However, there are certain exceptions to this rule.
Article 1426 of the Civil Code of the Philippines provides one such exception. It states that a contract entered into by a minor between the ages of 18 and 21 without the consent of a parent or guardian can be annulled. However, if the minor voluntarily returns the whole thing or price received after the annulment of the contract, there is no right to demand the thing or price thus returned.
Why the Exception?
The rationale behind this exception is to provide additional protection to individuals who, despite being legally adults, may still be considered vulnerable due to their relative lack of life experience. This provision allows these individuals to void contracts they entered into without parental or guardian consent, provided they return any goods or money received under the contract.
Legal Advice and Consultation
Understanding the nuances of legal age and contractual capacity can be complex. If you are between 18 and 21 years old and have entered into a contract without parental or guardian consent, it may be beneficial to consult with a legal professional. They can provide personalized advice based on your specific circumstances and help you understand your rights and obligations under Philippine law.
Please note that this information is a general explanation and does not constitute legal advice. For personalized advice, always consult with a legal professional. You can find more information about the Civil Code of the Philippines on the Official Gazette of the Republic of the Philippines.