精神缺陷者缔约能力比较研究（A comparative study of contracting ability of mentally defective persons）.docVIP

精神缺陷者缔约能力比较研究（A comparative study of contracting ability of mentally defective persons） A comparative study of contracting ability of mentally defective persons Contracting capacity, the ability to conclude a contract, is the legal capacity of the parties to enter into a contract. Lack of spirit Depression generally includes mental disorders, alcoholics, smokers and other mental disorders, and its ability to contract in various countries legislation On the other hand, there are similarities and differences, so we can make a comparative study of them and perfect our contract legislation Of great significance, D First, Anglo American Law According to the provisions of the third law of the 1979 on the sale of goods by the British, The effective provisions of the contract for the purchase of necessaries of life may apply to the mentally ill and the alcoholics, but he does not They must also pay a reasonable price for the necessities of daily life. In addition to buying necessities of life Outside the contract, the general rule of common law is that a contract concluded by a mental patient or a mentally ill person is Voidable contract. However, the mental patient must exercise double burden of proof when exercising the right of revocation: first, it is proof When you enter into a contract, you really have reached the point where you can not recognize your behavior. Two is to prove that when the other party A man knows when he is in an abnormal state of mind when he enters into a contract. [1], but a mentally ill one After the contract is signed, the contract is confirmed if the spirit is restored to health or in a sober interval The contract is binding on it and the guardian of the mentally ill person may sign it against the mentally ill The contract is accepted. According to the British mental health act of 1983, the mentally ill are protected by the court (court Of protection) the judge is in charge of the law, giving the judge broad discretion in consideration After m