Civil Code and Substantive Civil Law
Persons and capacity
The civil code governs legal personality, capacity, and representation. Minors and adults under guardianship may enter only certain acts; other acts are voidable and can be ratified. Good-faith third parties may be protected in defined transactions.
Obligations and contracts
A contract requires offer, acceptance, and a lawful cause. Breach gives rise to damages, specific performance, or termination. Tort liability requires damage, wrongful conduct, causation, and fault, with strict liability for defined activities. Property law covers ownership, possession, registration, and security interests such as mortgages and guarantees.
Worked example. A 17-year-old buys a motorcycle on credit without parental consent. The contract is ordinarily voidable, not automatically void. The minor may avoid it; if the minor ratifies after reaching majority, the contract becomes binding. The seller’s claim for the price fails if avoidance is timely, though restitution may be ordered.
Traps
- Treating every defective contract as void rather than voidable.
- Confusing prescription (extinguishing a right by non-use) with limitation periods for actions.
- Ignoring registration requirements for transfers of real property.
- Assuming a guarantor is liable without a valid principal obligation.