CHAP 6: AGE AS FACTOR OF STATUS

Question 1

CONSENSUS : EXISTENCE OF CONTRACTS

Answer 1

legal subjects are ought to be competent to participate in, therefore one has to have an understanding of the action in order to perform juristic acts.

in contracts, the contracting parties need to have capacity to act with regards to the contract

Question 2

STATUS OF THE INFANS: LEGAL CAPACITY AND CAPACITY TO ACT

Answer 2

infans can hold office, have rights & duties of the office but not spousal or testator

infans have no capacity to act therefore they can’t have consequences held against them, the parents act on their behalf

Question 3

INFANS CONSEQUENCES OF CONTRACTS: VALID CONTRACTS

Answer 3

if parents as the actors can’t fulfil the contract then it has remedies for breach of contract which are:

• both parties can institute claims
• cancel the contract & claim performance back
• institute claim for damages under positive interesse

Question 4

THERE’LL LIABILITIES CONSEQUENCES FOR INFAN’S PARENTS IF:

Answer 4

• if debts incurred for maintenance of infans
• if parent didn’t clarify to the other party that they’re acting in for the infans
• if parents stood surety for infans debts

Question 5

INFANS CONSEQUENCES: VOID CONTRACTS

Answer 5

such contracts are void if:

• the infans was the one concluding the contract
• with parental consent
• or contracts they can’t legally conclude

Question 6

REMEDIES FOR INFANS VOID AGREEMENTS:

Answer 6

the contract is cancelled & parties are put under status quo ante
claims of unjustified enrichment will be filed under conditio indebiti & rei vindicato

Question 7

INFANS CAPACITY TO LITIGATE

Answer 7

parents can only b e the litigators, but infans can be sued for actio de pauperie

Question 8

INFANS CAPACITY TO INCUR DELICTUAL OR CRIMINAL LIABILITY

Answer 8

they’ve no capacity to incur such but can be liable for negotium gestio & unjustified enrichment

parents will be held liable for failing to prevent infans from creating damage

Question 9

STATUS OF THE MINOR: LEGAL CAPACITY & CAPACITY TO ACT

Answer 9

minors have limited capacity as they can’t hold major seats of office
minors can’t marry w/o consent
they still need parental consent for some juristic acts

Question 10

ACTS MINOR CAN DO W/O CONSENT

Answer 10

minors can deposit their money at PostBank w/o parents

minors can accept & give donations

Question 11

LIMITED CAPACITY AGREEMENTS- WITH PARENTAL CONSENT

Answer 11

parents conclude the contracts for the minors

if minor concludes the contract alone, folks need to be aware of the details of the contract

parents can ratify the errors found in the contracts

emancipated minors can individually conclude contracts that resonate with what the parents have consented to

Question 12

REQUIREMENTS FOR EMANCIPATION

Answer 12

minors have pot et feu

minors have professions & earn a salary

minors have to live separately & have economic independence for a certain time-frame

Question 13

CONSEQUENCES OF EMANCIPATION

Answer 13

doesn’t grant majority to minor
brings locus standi in iudi
minor can’t marry w/o consent or deal with immovable property

Question 14

FRAUDULENT MINORS

Answer 14

its when a minor presents themselves as major

minor will be held liable for delict claims under ex contractu, ex lege, ex delictu or estoppel

Question 15

IF MINOR RATIFIES CONTRACT WHEN THEY GAIN MAJORITY

Answer 15

the major-minor will be held accountable as the contract is valid with retrospective effect

Question 16

CONSEQUENCES OF AGREEMENTS THE MINOR IS BOUND BY

Answer 16

the major here is bound by the contract but the minor is protected from own inexperience of youth

Question 17

PROTECTION OF MINORS AGAINST BOUND CONTRACTS

Answer 17

the minor is protected by restitution but still act & maintain the contracts bindings

minor can apply rei vindicto or conditio indebti after the contract is voided & all returns to respective owners

minor can ignore the contract & only act after attaining majority

Question 18

PROTECTION OF THE MAJOR AGAINST BOUND CONTRACTS

Answer 18

major cannot enforce the contract onto minor & can’t sue the minor
but accord. to Roman Law:
major can claim amount of estate has reduced by
claim amount minor’s estate has enriched with
claim any small amount

Question 19

MINORS ESTATE ENRICHMENT

Answer 19

this means the major can only claim what is remaining of the debt
for items exchanged the minor’s exchanged good will be taken
also the money used to maintain the property is also taken

Question 20

CAPACITY OF MINOR TO LITIGATE

Answer 20

minor has limited capacity to do so & can litigate w/o consent if :

• the High Courts grants him/her with venia agenda
• if minor is sued for extra marital child maintenance
• if minor applies to court to wed

Question 21

CAPACITY OF MINOR TO CONSENT FO MED TREATMENT

Answer 21

minors below 12 cannot consent

over 12 minors can consent if folks have duly assisted

Minister can grant consent if folks deny due to religion/beliefs

the High Court can consent in times of emergency or the hospital’s superintendent

Question 22

TERMINATION OF MINORITY

Answer 22

can be by marriage

can be by reaching 18