A Topic of Moral Theology
Capacity of the parties
Who can contract: children, the insane, the drunk; religious; married women; minors; convicts; corporations.
The works themselves ask 6 questions under this heading — see them together with their answers.
See also Religious Poverty — in Special Duties of Religious
In the index as Contract (Contractus) · Minors (Minores) · Incapacity · Interdicted persons (Interdicti) · Minor · Tutor (Tutor) · Wife (Uxor) · Contracts · Person · Counsel · Inability · Prodigal · Restitution in integrum · The dead (Mortui) · The demented · Those civilly dead · Those civilly interdicted · Alien (Alienigena) · Annulment · Civil interdictions · Civil law · Communities · Convict and contracts · Corporations
In the manuals
Read the manuals side by side → — each work's whole treatment in its own column
A Manual of Moral Theology for English-Speaking Countries
Vol. I, Bk. VII, Pt. I, Chapter III. Capacity of Parties, nn. 1, 2, 3, 4, 5, 6 & 7 (7 passages — hover a number to read it)
Manual of Moral Theology (Manuale Theologiae Moralis)
Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § II. On the Subject of Contract, nn. 830 & 831 (2 passages — hover a number to read it)
Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.
Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Article II. On the Subject of a Contract, n. 761 (2 passages — hover a number to read it)
Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Art. II, § I. On Minors, nn. 762, 763, 764 & 765 (11 passages — hover a number to read it)
Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Art. II, § III. On the Civilly Dead, n. 770 — 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, w… Read in context →
Vol. I, Treatise On Contracts, First Part. On Contracts i…, Ch. I, Art. II, § IV. On Interdicted Persons and Prodigals, n. 771 (2 passages — hover a number to read it)
Synopsis of Moral and Pastoral Theology
Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part II — Chapter I: On Contracts in General, nn. 651, 652, 653, 654, 655, 656, 657, 658 & 659 (9 passages — hover a number to read it)
Manuale Theologiae Moralis
Vol. II, Tr. XI, Sect. I, Q. IV, Ch. I, Art. II, § 2. On Persons Capable of Contracting, n. 254 — 254. Principle. Every man can contract, provided that: a) he possesses the use of reason; and b) he is not specially prohibited by positive law. The reason for the first is that no one can impose an obligation upon himse… Read in context →
Institutiones Morales Alphonsianae
Vol. I, Pt. II, Sect. II, Tr. VII, Diss. IV, Ch. I, Art. II, § 2. ON PERSONS WHO CAN CONTRACT, nn. ¶1037, ¶1038, ¶1, ¶1039, ¶1040, ¶2, ¶1041, ¶3, ¶4, ¶1042 & ¶1043 (11 passages — hover a number to read it)
Theologia Moralis Sancti Alphonsi: Reduced into a Compendium
Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, ARTICLE II: ON THE SUBJECT OF CONTRACT, n. ¶835 — 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° infant… Read in context →
Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § I. On Minors, nn. ¶836, ¶837, ¶838 & ¶839 (4 passages — hover a number to read it)
Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § II. On Wives, nn. ¶840 & ¶841 (2 passages — hover a number to read it)
Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § III. On Those Civilly Dead, n. ¶842 — 842. - A very rare case among us, since civil death exists from the crime alone of high treason (high-treason). It does not deprive of the right of contracting.Read in context →
Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § IV. On Interdicted Persons, n. ¶843 — 843. - Interdicted persons are those who by sentence of the judge are declared incapable of exercising civil acts on account of a state of weakness, or dementia, or madness. Interdiction ceases when the cause ceases; and… Read in context →
Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. II, § V. On Aliens, n. ¶844 — 844. - I. An alien (alien) is one who lacks the right of a citizen of the Federated States. But a citizen is one who either was born in the Federated States, or has furnished those things which are required by law so tha… Read in context →
Summa Theologiae Moralis
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. I, Question Four: On the Subject of Contract, nn. 467, 468 & 469 (49 passages — hover a number to read it)
Compendium of Moral Theology
Vol. I, Tr. IX, Pt. I, Ch. II, Article II. On the Subject of Contract, n. 480 — I say. By natural law all and only those can contract who have free use of reason, because these alone can transfer dominion of goods and undertake obligations. But by positive law, besides the use of reason and free wil… Read in context →
Christian Theology, Dogmatic and Moral, in Compendium
Diss. III, Chapter III — On those who can enter upon contracts validly and lawfully; on the solemnity of law that is necessary; what firmness an oath adds to a contract; to whom restitution *in integrum* belongs, nn. I, II, III, IV & V (5 passages — hover a number to read it)
Palladium Theologicum, Tome V: On the Virtues
Tr. II, Disputation I: On Contract…, Question VII: Which persons can enter into a contract, and which cannot, nn. 1–46 (46 passages)
Tr. II, Disputation V: On Buying a…, Question II: Which persons can buy, and sell, nn. 1, 2, 3, 4, 5, 6, 7, 8 & 9 (9 passages — hover a number to read it)
Treated under the broader heading Contracts — McHugh–Callan, Moral Theology · Bucceroni, Institutions of Moral Theology · Bucceroni, Cases of Conscience · Koch–Preuss · Vermeersch, Theologia Moralis · Slater, Cases I · Rickaby, Moral Philosophy · Coppens, Moral Philosophy · 1917 Code of Canon Law — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)