Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a) 

Explanation: 


Minority
     A minor create a trust of any kind nor can he act as an executor or administrator.
If at least 14 years of age, however, he must give his written consent to make valid legal adoption. If not at least 18 years old, he can make a will or be a witness to one.
     Minority in only one of the limitations on the capacity to act and does not exempt the minor from certain obligations, as when the latter arise from his acts, of from a property relations. Thus he may acquire properly using the capital of his parents, said property to belong to the latter in ownership and usufruct.
   



Insanity or Imbecility
     Insanity is a condition in which a person's mind is sick. Imbecility is feeble-mindedness, or a condition in which a person thinks like a small child.
      If a person is under a guardianship because of insanity, he is of course presumed insane if he should enter into a contract. But this pesumption is only prima facie or rebuttable. if it can be shown that he was acting during a lucid interval. Tha Contract will be considered valid.









State of Being Deaf-Mute
     A deaf-mute may either be sane or insane. if sane, prescription may run against him. He may make a will, but cannot be a competent witness to a notarial will.

Civil Interdiction
     The restrictions in Art. 38 do not extinguish capacity to act. They merely restrict or limit the same. Thus, an insane person's comtract is merely voidable, not void. The incapacitated person is not exempt from certain obligations arising from his acts.
Example: If he commits a crime, his property may still be held liable.