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Minors over the age of one are persons with limited capacity for civil conduct, and lack of awareness of the civil juristic acts they have carried out, and in accordance with the legislative principles of Article 47 of the Contract Law, the contract entered into by the person with limited civil capacity shall be recognized by the statutory person after the period, and the contract shall be valid.
However, if the contract is purely beneficial or suitable for its age, intelligence and mental health development, it does not need to be recognized by its legal person, and the contract is valid. Otherwise, it is invalid.
2. In accordance with the principle of Article 11 of the General Principles of the Civil Law, minors over the age of 16 who rely on labor income as their main livelihood shall be regarded as persons with full capacity for civil conduct.
In this case, no matter how much the thing purchased is valued, it will be valid without the recognition of its guardian or legal person.
The judicial basis is Articles 11 and 14 of the General Principles of the Civil Law of the People's Republic of China.
The judicial basis is Article 47 of the Contract Law of the People's Republic of China.
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Effective. Civil acts, at the age of 16, are already full capacity for civil conduct.
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Depending on what you buy, the legal act within the scope of your ability is valid, and outside the scope, the effect is to be determined.
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1. Is it effective for minors to buy things on their own?
1. Whether the behavior of minors buying things by themselves is effective depends on the situation
1) The act of a minor over the age of eight buying things is deemed to have obtained the consent or implicit permission of his or her legal person, and his payment may be deemed to be valid;
2) Purchases by minors under the age of eight are invalid;
3) If a minor is over the age of 16 and lives mainly on his or her own labor income, the purchase of things is also valid. Tong section.
2. Legal basis: Article 21 of the Civil Code of the People's Republic of China.
Adults who are unable to recognize their own conduct are persons who lack capacity for civil conduct, and their legal vessels are to carry out civil juristic acts.
Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.
Article 22.
Adults who cannot fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-prescribed **scum** or with the consent and recognition of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their intellectual or mental health conditions.
2. Is the contract signed by the minor himself valid?
A minor under the age of one is a person with no capacity for civil conduct, and the contract signed by him is invalid regardless of the circumstances;
Minors over the age of 16. Minors at this stage are all persons with limited capacity for civil conduct. A contract concluded by a person with limited capacity for civil conduct is valid after being retroactively recognized by the statutory ** person, but a contract that is purely for benefits or a contract concluded in accordance with his age, intelligence, or mental health status does not need to be recognized by the statutory ** person.
If the legal person does not make an expression, it will be deemed to be a refusal to recognize, and the contract will be invalid;
Minors between the ages of 18 and 18 years old. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct. A contract signed by a person with full capacity for civil conduct is valid.
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According to the law, children over the age of eight can independently carry out consumption behaviors equivalent to their age and intelligence, such as buying small amounts of stationery, snacks, etc., but when buying mobile phones, ** and other large amounts of consumption, parents need to be identified. This requires operators to pay attention to understanding the age of consumers when selling, and at the same time, parents are also required to educate children on consumption behavior. At the same time, minors between the ages of 16 and 18 are considered adults if they have an independent labor income**, and their consumption behavior is valid.
Civil Code of the People's Republic of China
Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retroactive recognition of their legally-designated **person; However, Lu Zhengyuan can independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are appropriate to his age and intelligence.
Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retroactive recognition of their legally-designated **person; However, they may independently carry out civil law acts that are purely profitable, or civil juristic acts that are appropriate to their age and intelligence.
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