Article — Konings, Theologia Moralis

ARTICLE II: ON THE SUBJECT OF CONTRACT

¶835.
    • I. By natural right all and only those who have free use of reason can contract, because these alone can transfer dominion of their own goods and take up obligations. Hence the following cannot contract: 1° infants not yet possessing the use of reason; 2° the insane and the mad; 3° the perfectly drunk.

II. By positive right, besides the use of reason and the free will of contracting, which are required by natural right, it is also required that the contracting party have free disposition of goods, and not be declared by law incapable of making contract. But those unable to contract, at least in many things or firmly, are 1° minors; 2° wives; 3° those civilly dead; 4° interdicted persons; 5° aliens. A few things concerning each.

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