CHAP 6: AGE AS FACTOR OF STATUS Flashcards
CONSENSUS : EXISTENCE OF CONTRACTS
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
STATUS OF THE INFANS: LEGAL CAPACITY AND CAPACITY TO ACT
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
INFANS CONSEQUENCES OF CONTRACTS: VALID CONTRACTS
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
THERE’LL LIABILITIES CONSEQUENCES FOR INFAN’S PARENTS IF:
- 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
INFANS CONSEQUENCES: VOID CONTRACTS
such contracts are void if:
- the infans was the one concluding the contract
- with parental consent
- or contracts they can’t legally conclude
REMEDIES FOR INFANS VOID AGREEMENTS:
the contract is cancelled & parties are put under status quo ante
claims of unjustified enrichment will be filed under conditio indebiti & rei vindicato
INFANS CAPACITY TO LITIGATE
parents can only b e the litigators, but infans can be sued for actio de pauperie
INFANS CAPACITY TO INCUR DELICTUAL OR CRIMINAL LIABILITY
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
STATUS OF THE MINOR: LEGAL CAPACITY & CAPACITY TO ACT
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
ACTS MINOR CAN DO W/O CONSENT
minors can deposit their money at PostBank w/o parents
minors can accept & give donations
LIMITED CAPACITY AGREEMENTS- WITH PARENTAL CONSENT
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
REQUIREMENTS FOR EMANCIPATION
minors have pot et feu
minors have professions & earn a salary
minors have to live separately & have economic independence for a certain time-frame
CONSEQUENCES OF EMANCIPATION
doesn’t grant majority to minor
brings locus standi in iudi
minor can’t marry w/o consent or deal with immovable property
FRAUDULENT MINORS
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
IF MINOR RATIFIES CONTRACT WHEN THEY GAIN MAJORITY
the major-minor will be held accountable as the contract is valid with retrospective effect
CONSEQUENCES OF AGREEMENTS THE MINOR IS BOUND BY
the major here is bound by the contract but the minor is protected from own inexperience of youth
PROTECTION OF MINORS AGAINST BOUND CONTRACTS
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
PROTECTION OF THE MAJOR AGAINST BOUND CONTRACTS
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
MINORS ESTATE ENRICHMENT
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
CAPACITY OF MINOR TO LITIGATE
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
CAPACITY OF MINOR TO CONSENT FO MED TREATMENT
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
TERMINATION OF MINORITY
can be by marriage
can be by reaching 18
