Article II. On the Subject of a Contract

761. • I. By natural right, all and only those who have free use of reason can contract, because these alone can transfer dominion of their goods and undertake obligations. Hence the following cannot contract: 1. infants not yet having the use of reason; 2. the insane and the furious; 3. the perfectly drunk.

II. By positive law, besides the use of reason and the free will of contracting which are exacted by natural law, it is also required that the contracting party have free disposition of goods, and not be declared by law incapable of making a contract. But those incapable of contracting, at least in many things, or firmly, are: 1. minors; 2. wives; 3. the civilly dead; 4. interdicted persons and prodigals. A few things concerning each.