38 CFR § 36.4331 - Capacity of parties to contract.

---
identifier: "/us/cfr/t38/s36.4331"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 36.4331 - Capacity of parties to contract."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "36.4331"
section_name: "Capacity of parties to contract."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "36"
part_name: "LOAN GUARANTY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "38 U.S.C. 501 and 3720."
cfr_part: "36"
---


# 36.4331 Capacity of parties to contract.

Nothing in §§ 36.4300 through 36.4380 shall be construed to relieve any lender of responsibility otherwise existing, for any loss caused by the lack of legal capacity of any person to contract, convey, or encumber, or caused by the existence of other legal disability or defects invalidating, or rendering unenforceable in whole or in part, either the loan obligation or the security therefor.

(Authority: 38 U.S.C. 3703(c)(1))

[73 FR 6310, Feb. 1, 2008. Redesignated at 75 FR 33705, June 15, 2010, as amended at 80 FR 34319, June 16, 2015]