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The signature has a parenthesis that the minor is signed by the guardian, which means that if the party who needs to sign is a minor, the legal guardian needs to sign on his behalf. Because minors are incapacitated for civil conduct, they must perform civil acts under the guardianship of their legal guardians. The guardian is the legally authorized person, and the guardian signs and represents the ward with full authority.
Legal analysisThe age requirement for persons without capacity for civil conduct refers to minors under the age of eight and adults who are unable to recognize their own conduct. There are three types of civil capacity: full civil capacity, limited civil capacity, and no civil capacity. Minors under the age of eight and mentally ill persons who are unable to recognize their own actions and are incapacitated for civil conduct shall be subject to civil activities by their statutory **persons**.
Age as the criterion for judging capacity is an objective criterion; And people's cognitive ability and judgment ability are a subjective issue. Even if a person is over the age of 18 and suffers from mental illness, he or she is still not a person with full capacity for civil conduct. When a person is judged to be incapacitated according to his mental state or mental illness, he or she must go through strict legal procedures because it involves the issue of a citizen's rights and capacity.
Persons with no capacity for civil conduct and persons with limited capacity for civil conduct are unable to bear civil liability due to the limitations of their subject qualifications. Although incapacitated persons and persons with limited capacity cannot bear or are restricted in their civil liability, they should be direct infringers when infringing on the rights or interests of others, so they cannot escape the risk of becoming civil defendants. However, although he is the defendant, the person who bears or part of the responsibility is his guardian.
Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property.
The guardian shall compensate for the shortfall.
Legal basisCivil Code of the People's Republic of China Article 20: Minors under the age of eight are persons with no capacity for civil conduct, and their legally-prescribed **persons** shall carry out civil juristic acts.
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Legal analysis: It must be the name of the guardian, the so-called signature can only sign his own name, the guardian is the legal authorized person, as long as there is the name of the ward on the agreement, the guardian signs the full authority to represent the ward.
Legal basis: Article 171 of the Civil Code of the People's Republic of China Where the actor does not have the right to **, exceeds the right to hail or is terminated, or after the termination of the right to manage the affairs of the person, he still carries out the act of **, and it is not recognized by the person being recognized, it is not effective against the person being **.
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Legal analysis: If the party who needs to sign is a minor, it is necessary to have his legal guardian sign on his behalf. Because minors are incapacitated for civil conduct, they must perform civil acts under the guardianship of their legal guardians.
Legal basis: Article 20 of the Civil Code of the People's Republic of China Article 20 Minors under the age of eight are persons with no capacity for civil conduct, and their statutory **persons ** shall carry out civil juristic acts.
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Legal Analysis: If it's a matter of the child at school. That is to sign the name of the parent.
If the child has already entered society. However, minors are basically signed by their guardians, and the names of their guardians are signed on their behalf. Except for documents that explicitly require the signature of the person's name.
The name of the guardian should be written, and the names of two guardians may be written. Guardians have the right to protect the person and property of the ward and the obligation to supervise it.
Legal basis: Civil Code of the People's Republic of China Article 27 Parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1) Grandparents;
2) brother and sister;
3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
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Legal Analysis: If it's a matter of the child at school. That is to sign the name of the parent.
If the child has already entered society. However, minors are basically signed by their guardians, and the names of their guardians are signed on their behalf. Except for documents that explicitly require the signature of the person's name.
The name of the guardian should be written, and the names of two guardians may be written. The guardian has the right to protect the person and property of the ward and the obligation to supervise the ward.
Legal basis: Article 27 of the Civil Code of the People's Republic of China Parents are the guardians of minor children. Where a minor's father and mother are dead or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1) Grandparents; 2) brother and sister; 3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
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