Morals of the Church
Library › Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884) › Volume I › Treatise On Contracts › First Part. On Contracts in General › Chapter I. On the Requisites for Contracting › Article II. On the Subject of a Contract

Section — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)

§ III. On the Civilly Dead

770.
    • Those are called civilly dead who have been condemned to death, to perpetual galleys, or to deportation. But these are the chief effects of civil death: 1. to lose the property of goods, which pass to the heirs, without the testament being valid, if they have made any; 2. not to be able to receive an inheritance or donations, except that which is destined for their support; 3. not to be able to donate goods which they have acquired, whether among the living or by testament. - These things generally seem to have effect in the forum of conscience. Nevertheless, according to the common interpretation, the civilly dead are not prohibited from receiving any manual donations whatsoever. For they are incapable only for those things which are determined by law; hence they validly enter most contracts, and are not incapable of conducting commerce. - Thus Roman Law.

Capacity of the parties