Article 1399

When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. (1304)

Kung ang depekto ng kontrata ay naglalaman ng kawalan ng kapasidad ng isang partido, ang may kapansanang tao ay hindi kinakailangang gumawa ng ano mang restitution maliban sa napakinabangang bagay o premyong natanggap niya.

The incapacity mentioned in the above article is any form of incapacity or mental debility and not merely minority.

This is an exception to the general rule of mutual restitution. The incapacitated person is obliged to make restitution only to the extent that he was benefited by the thing or the price received by him.

It results therefore, that if he was not benefited, he is not obliged to restore what he had received but the other contracting party is still bound to return what he had received, whether he has benefited or not.

If at the time the incapacity ceases and the thing received still exists, the presumption is that he benefited, so that should he ask for annulment, he must return the same to the other party. If he alienates or squanders the thing instead of annulling, he is deemed to have ratified the contract.