Article 1329

The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. (1264)

Ang kawalang-kakayahan na nakasaad sa Article 1327 ay sumasailalim sa pagbabagong naayos sa batas, at naiiintindihang hindi makakasama sa espesyal na mga diskwalipikasyong tinatag ng mga batas.

The persons enumerated under Article 1327 incapacitated to give consent to contracts due to their lack of mental capacity to do so.  They are either deaf-mutes, insane or demented.

On the other hand, the special disqualifications mentioned in Article 1329 refer to those explicitly disqualified by law from entering certain contracts:

Persons enumerated in Article 1491 due to fiduciary relationship or dur to public policy;

Husband and wife cannot enter into contract of donation, sale or lease with each other because they are not allowed to donate, sell or lease properties to one another.  This includes those who live as husband and wife without the benefit of marriage;

Insolvents until they are discharged;

Non-Christians inhabitants of Mindanao and Sulu cannot enter into contract involving real estate without the approval of the chairman of the Commission on National Integration.

Incompetents who may be placed under judicial guardianship (under Rule 92, Section 2 of the Revised Rules of Court):

1. those suffering the penalty of civil interdiction;
2. hospitalized lepers;
3. prodigals;
4. deaf and dumb who are unable to read and write;
5. those of unsound mind even though they have lucid intervals;
6. those who by reason of age, disease, weak mind, and other similar causes, cannot without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

Incapacity to give consent to contracts and special disqualifications distinguished:

Those who are incapacitated to give consent to contracts are not prohibited to exercise their right to enter into a contract.  They can still do so through a guardian with the approval of the court.

Those who are specially disqualified are prohibited whether or not they have representation.  They are absolutely disqualified from entering into a contract.

The first one renders the contract voidable, while the second renders it void.