Guardianship Contract Nullification Due to Lack of Judicial Authorization
Synthèse Legislator
Généré par l'IAAn individual, having been placed under a guardianship due to mental incapacity, entered into a contract to sell property without the authorization of the designated guardian, despite the contract mentioning the need for such authorization. The appellate court annulled the sale, holding that the contract was voidable because the sale was concluded without the legally required co-signature or authorization of the guardian, which is mandatory for acts of disposal by a protected adult, even if the contract itself referenced the requirement. The high court affirmed this decision, reasoning that the failure to obtain the necessary judicial authorization rendered the act of disposal null and void, as this condition is one of public order designed to protect the interests of the incapacitated person.
Regeste Legislator
Généré par l'IAGuardianship Contract Nullification Due to Lack of Judicial Authorization: The appellate court annulled the sale, holding that the contract was voidable because the sale was concluded without the legally required co-signature or authorization of the guardian, which is mandatory for acts of disposal by a protected adult, even if the contract itself referenced the requirement. The high court affirmed this decision, reasoning that the failure to obtain the necessary judicial authorization rendered the act of disposal null and void, as this condition is one of public order designed to protect the interests of the incapacitated person.