In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated.
If ratification is made by the parents or guardians, as the case ,ay be, of both contracting parties, the contract shall be validated from the inception. (n)
Sa kontrata na kung saan ang magkabilang partido ay hindi kaya na magbigay ng pagpayag, nasusulat o pinapahayag ng mga magulang, o tagapag alaga, sa ganitong kaso, ng isa sa partido sa kontrata na may parehas na epekto na iisa lamang sa kanila ang may kapansanan.
Kung ang ratification ay ginawa ng mga magulang o tagapag alaga, sa ganitong kaso, parehas na partido sa kontrata, ang kontrata ay tama mula sa simula.
Discussion:
The contract is unenforceable when both parties to purported contract are not incapacitated to give consent and cannot be enforced in court. It may be ratified if:
(1)If ratification is only of one side of the contracting parties. That is, by the parent or guardian, the contract is transformed into a voidable contract on the part of the party wo did not ratify, meaning, it is now valid and binding unless annulled by the court.
(2)If ratification is made by both sides by the parents or guardians, the contract is validated from its inception. The validation is retroactive.
If the parties ground for incapacity like minority attained majority age, or if the capacity is due to insanity and regained their insanity, they can ratify their previous acts. There is no need for the law to include this expressly because it is deemed understood.