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Main Page / Legislations / Law no (22) of 2004 Regarding Promulgating the Civil Code /   Validity of Consent / Competency
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Law no (22) of 2004 Regarding Promulgating the Civil Code

Law Summary Record Type: LawNumber: 22Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 1188Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 08/08/2004 Corresponding to 22/06/1425 HijriPage from: 364
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Competency

  • 109 Article

     
     
    Every person who has not been declared by the law to be of total or partial legal incapacity shall have the legal capacity to conclude a contract.

  • 110 Article

     
     
    Dispositions of property by a minor lacking discretion shall be deemed void.

  • 111 Article

     
    1. Dispositions of property by a minor possessing discretion shall be valid when wholly to his advantage and void when wholly to his disadvantage.
    2. Subject to the following provisions, dispositions of property by a minor capable of discretion, which may be simultaneously profitable and detrimental, may be liable to invalidation in his interest unless immediately ratified, mutatis mutandis, by the guardian authorise d to carry out such disposals or by the court, as the case may be, or by the minor after attaining the age of majority in accordance with the law.

  • 112 Article

     
     
    Where a discerning minor has attained the age of sixteen years and has been authorise d to take possession of his property in order to manage it, or has taken possession of his property by virtue of the law, acts performed by the minor shall be valid within the limits of the law.

  • 113 Article

     
     
    A discerning minor who receives property for administration shall be legally competent to perform the disposals required for the administration of such property. However, such discerning minor shall not be legally competent to lease the property for a period longer than one year.

  • 114 Article

     
     
    A discerning minor shall be legally competent to dispose of the property delivered to him or placed under his disposal for the purposes of his maintenance. The minor's obligations concerning such maintenance shall be valid only in relation to such property.

  • 115 Article

     
    1. A discerning minor may conclude an individual employment contract pursuant to the provisions of the law. The court may, at the request of the guardian, trustee or any interested person, terminate the contract for the benefit of the minor's interests or future or for another apparent benefit.
    2. From the age of fifteen years, a discerning minor shall be legally competent to dispose of the wage or other income he earns, and his obligations shall be valid only in relation to such money. However, subject to the minor's interests, the court may place restrictions upon the minor's competence to dispose of the money, and in such cases the provisions for guardianship or trusteeship shall be mutatis mutandis.

  • 116 Article

     
     
    A discerning minor who attains sixteen years of age shall, with the permission of the court, be legally competent to conclude wills.

  • 117 Article

     
    1. Where a person of incomplete competence claims to be legally competent, such claim shall not prevent him from insisting on his incomplete competence in accordance with the law.
    2. However, where a minor, for the purpose of concealing his lack of competence, acts in a fraudulent manner that leads to the reasonable belief that he is legally competent, he shall be liable to compensate a party with whom he contracts for any damages arising from such contract. In such case, the judge may dismiss the invalidation action for the compensation.

  • 118 Article

     
     
    1. The courts shall interdict a person suffering from insanity, imbecility, inattentiveness or prodigality, in accordance with the rules and procedures prescribed by law.
    2. Requests for interdicts and decisions thereon shall be recorded in registers specially prepared for such purposes.

  • 119 Article

     
    Effective Date: 08/08/2004
    1. Any contract concluded by a person suffering from insanity or dementia after the registration of the interdiction application shall be null and void.
    2. A contract concluded before the registration of the interdiction application shall not be deemed null and void unless the condition of insanity or dementia was a matter of common knowledge at the time the contract was concluded or if the other party had knowledge thereof.

  • 120 Article

     
    1. Contracts concluded by a person placed under interdiction for prodigality or inattentiveness after the registration of the interdiction application shall be governed by the provisions of Article 111 regulating disposition of property by minors possessing discretion.
    2. Acts occurring before the registration of the interdiction application shall not be void or voidable unless there has been fraudulent collusion to avoid the interdiction.

  • 121 Article

     
     
    The disposal of a wakf (endowment) or the execution of a will by a person placed under interdiction for prodigality or for inattentiveness shall be valid if the interdicted person has received authorization from the court.

  • 122 Article

     
     
    Management acts carried out by a person placed under interdiction for prodigality or for inattentiveness but authorise d to take possession of his property shall be valid according to the rules and procedures prescribed by the law within the limits of Article 112 concerning discerning minors.

  • 123 Article

     
     
     
    A person placed under interdiction for prodigality or inattentiveness shall be legally competent to perform disposals required for administering property delivered to him.

  • 124 Article

     
     
    A person interdicted for prodigality or inattentiveness and who has been authorise d to manage his property shall be legally competent to manage the property assigned to him within the limits provided for in Article 114 concerning disposal of property by discerning minors.

  • 125 Article

     
     
    A person placed under interdiction for prodigality or inattentiveness shall be legally competent to enter into an employment contract and dispose of what he earns for such employment within the same limits in Article 115 concerning discerning minors.

  • 126 Article

     
     
    Acts by natural guardians, legal guardians or curators shall be valid within the limits prescribed by the law.

  • 127 Article

     
     
    Where a person is severely physically disabled, particularly deaf and dumb, blind and deaf, or blind and dumb, and cannot understand the contents or surrounding circumstances of a contract, or cannot effectively communicate his will, the court may appoint a judicial assistant to assist such person as may be necessary in his best interests.

  • 128 Article

     
     
     
    Unless the court has permitted the judicial assistant to perform an act unilaterally, any act for which judicial assistance has been ordered shall be liable for invalidation if performed by the disabled person without assistance after the registration of the decision providing for such assistance.
     

  • 129 Article

     
     
    Where a person cannot, due to severe debilitating illness, conclude a disposal even with judicial assistance, or if the person abstains from doing so, the court may permit the judicial assistant to conclude the disposal unilaterally if failure to conclude it may endanger the concerned person's interests.

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