The Capacity to Contract in Malian Law
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In contractual matters, capacity is the rule, which means that any person can contract. However, incapable persons are deprived of the enjoyment or exercise of certain rights, which makes them an exception to the principle of capacity for all persons. Incapacitated persons, in order to have the legal capacity to conclude acts considered serious for their person or their property, can be subjected to protection regimes. This is the regime of representation or assistance. Representation is a legal procedure by which the representative acts in the name and on behalf of the principal, and the effe...
In contractual matters, capacity is the rule, which means that any person can contract. However, incapable persons are deprived of the enjoyment or exercise of certain rights, which makes them an exception to the principle of capacity for all persons. Incapacitated persons, in order to have the legal capacity to conclude acts considered serious for their person or their property, can be subjected to protection regimes. This is the regime of representation or assistance. Representation is a legal procedure by which the representative acts in the name and on behalf of the principal, and the effects of the act performed by the representative are directly applied to the principal. As regards assistance, it is a measure of protection for incapable adults placed either under curatorship or under the safeguard of justice.
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