Who can enter into a contract?

Who can enter into a contract?

Celebrating a contract, as a general rule, is an act that all people can carry out, but they require different ways to do it.

• Natural persons can enter into contracts by themselves, provided they have legal capacity and capacity to act. The latter is acquired by:

1. Adulthood (18 years of age)

2. Emancipation (16 years of age)

And it can be lost or limited for reasons such as being underage, support measures for people with disabilities, prodigality or absence.

For example, unemancipated minors can only carry out some acts of daily life typical of their age, with the assistance of their legal representatives (parents or guardians) or if it involves goods and services of low value.

Or, for example, foreigners, who may have limitations on their ability to act based on their nationality or civil residence. For example, non-EU foreigners cannot acquire real estate in border or strategic areas without administrative authorization.

• Legal persons can enter into contracts through their legal representatives or volunteers.

In short, to enter into a contract, you need to have legal capacity and capacity to act (in the case of natural persons) or be duly represented (in the case of legal persons).

Related concepts

• Capacity to act
• Legal capacity
• What is the difference between a natural person and a legal person?
• Contract (Generic)