ABILITY OF THE PARTIES AS AN ESSENTIAL ASSUMPTION TO CONCLUDE A VALID CONTRACT

Patoska, Aleksandra (2022) ABILITY OF THE PARTIES AS AN ESSENTIAL ASSUMPTION TO CONCLUDE A VALID CONTRACT. Knowledge International Journal, 53 (1). pp. 167-173. ISSN ISSN: 1857-923X (Printed), ISSN: 2545-4439 (Online)

Text Trud Prof.d-r Aleksandra Patoska.docx Download (40kB)

Abstract

In order to take part in some civil-law relation which products any subjective performances and obligations, it is not enough to exist a law foundation but it is needed to be fulfilled all the facts determined by the material law norms as a condition for it to become to be changed or to be stopped. Contemporary life may not exist without the contract as an instrument in the law circulation. The suppositions for it to become are its change or ending of a valid contract with an effective ability of the parties, their wills agreement to conclude the contract, to exist an object and a base of it. The obligations relationships Law issues that ”To conclude a valid contract is needed the contractors to possess legal ability to do it”. But, what happens if contractor is not possessing the needed legal ability? Do contracts may be valid under certain conditions? The answer to these questions depends of the years of oldness of the contractor who has not the needed egal ability as well as of the kind of the contract has been concluded. As a rule, persons over 14 years oldness, as well as the legal aged persons whose valid ability has been subtracted by a court Decision are completely legal concluded, i.e. they are absolutely incapable and the contracts concluded with such persons are null and void. But, there is a disconnection which exists in the Law of obligations. So that, the contracts called “everyday contracts” with a low validity, are taken as valid.
Relative incapable persons for concluding are the ones who have limited legal ability, they are the persons who have fulfilled their 14 ages till its legal age, the same as the legal aged ones whose legal ability has been limited. The Law of obligations generally issues those (relative incapable persons) to conclude contracts by the help of their legal representatives i.e. guardian, but there is an exception to this rule, so the law allows these persons to enter into certain contracts independently.
In the continuation of this written text are the different legal situations which may occur in a situation when a relative uncapable person has been concluded a contract without the agreement of his legal representative or guardian
Keywords: contract, will, legal ability, absolutely uncapable for coming to an agreement, relatively uncapable for coming to an agreement
Field: Social sciences

Item Type:	Article
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Prof. d-r. Aleksandra Patoska
Date Deposited:	23 Jan 2026 13:37
Last Modified:	23 Jan 2026 13:37
URI:	https://eprints.uklo.edu.mk/id/eprint/11334

Actions (login required)

View Item