Article 1427
When a minor between eighteen and twenty-one years of age, who has entered
into a contract without the consent of the parent or guardian, voluntarily pays
a sum of money or delivers a fungible thing in fulfillment of the obligation,
there shall be no right to recover the same from the obligee who has spent or
consumed it in good faith.
Kung ang isang minor na tao sa pagitan ng edad
na labin walo at dalawampu at isa ang gulang, ay pumasok sa isang usapan na
walang pahintulot ang kanyang magulang o tagapagbantay, kusang loob magbayad ng
halaga ng pera o nagbigay ng bagay na katumbas na halaga ng pera bilang
kabayaran ng obligasyon, wala nang karapatan bawiin mula sa may utang na
lumustay o kumunsumo noon ng may mabuting loob.
Delivery by minor of money or fungible thing in
fulfillment of obligation.
By the
decree of annulment, the parties, as a general rule, are obliged to make mutual
restitution. However, the obligee who has spent or consumed in good faith the
money or consumable thing voluntarily paid or delivered by the minor, is not
bound to make restitution.
Although
Article 1427 speaks of “fungibe thing,” nevertheless it may also apply to
things that are non-consumable when they have been lost without fault of the oblige
or in case of alienation by him to a third person who did not act in good
faith.
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