Whether an IOU signed with a minor has legal effect

shall be void or the validity is pending. How to repay the underage loan, as a lender, you should be aware of this consequence.

General Provisions of the Civil Code. Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.

The counterpart may urge the statutory person to make a retrospective recognition within one month from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 147:The perpetrator has the right to request that the people's court or arbitration body revoke civil juristic acts carried out on the basis of a major misunderstanding.

Article 148:Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 149:Where a third party commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration body revoke it.

Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.

Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment capacity, causing the civil juristic act to be clearly unfair when it is established, the injured party has the right to request that the people's court or arbitration body revoke it.

Since the minor is a person with limited capacity for civil affairs, signing an IOU agreement with him has no legal effect.

Depending on the specific circumstances, if the amount is within the scope of the law and is recognized by the parents, it is valid, not completely invalid.

No, many people will take advantage of the aspect of minors to escape due repayment, but the law also has reasonable control over minors. You must know that the boy was under his father's will when he signed his name, and he also clearly knew that his father owed the other party money, so it was signed in the name of his father at this time, but one of the fathers of this child, the child was a minor and escaped his responsibility, which is really not right. In fact, IOUs written by minors will also have legal benefits, but at this time, the specific situation will be analyzed on a case-by-case basis.

Although most of the children who tell Li Shu are minors, minors will also be divided into corresponding boundaries. If a minor is over 8 years old, he or she will be legally characterized as a person with limited civil capacity, so when signing an IOU or writing an IOU, the consent of the legal officer must be obtained. Therefore, even if the child is only 8 years old, it is still written with the approval of the statutory officer, so when it comes to repaying the money, it is not possible to use the child to avoid the due repayment when the child is a minor.

It will not have legal effect and will not be recognized by the court. <>

If you are over 16 years old and under 18 years old, you will also have the corresponding capacity to act, after all, you clearly know what you are doing at this time. Therefore, it is understandable to write an IOU, and it is clear that it will face various events and consequences after writing an IOU, so it is necessary to repay the loan as well. So I still hope that I don't want to use the aspect of minors to get away with responsibility, the law will not let go of any bad person, and how can the debt of the parents be repaid by the son?

Therefore, when the father asks his son to sign the signature, he has already counted the son in it, and such a father will not be respected by the child. <>

However, I hope you can have a good understanding of this knowledge, and don't fool others with this aspect in the future, the punishment you face by the court is still very serious. In addition, it is impossible for children to excuse themselves as minors when they encounter things, after all, the legal age of the country has been continuously relaxed to teens, so everyone will be protected by the law. However, if you violate the law and violate the law, you will also face severe punishment under the law.

Debt certificates issued by minors have no legal consequences.

Issued by minors under the age of eight shall not have legal effect; If it is issued by a minor under the age of 16 and is considered to have full capacity for civil conduct, it should have the force of law; Where it is issued by a person who is 8 years old or older with limited capacity for civil conduct, it has legal effect with the consent and approval of the legal representative. <>

Minors under the age of eight shall be persons with limited capacity for civil conduct, and when performing civil acts, they shall be represented by their legally-designated representative or recognized by their legally-designated representatives; However, they can independently carry out civil juristic acts that are entirely beneficial or appropriate to their age and intelligence. Citizens under the age of 16 but under the age of 18 shall be considered as persons with full capacity for civil conduct on their employment income as their main income**. At present, non-explanatory adults have the right to enter into contracts in accordance with the principle of freedom of contract.

It is not illegal to trade with others. <>

The agreement is valid as long as it is free of any other defects in its validity, and minors under the age of eight are persons with limited capacity for civic conduct and may engage in civic activities appropriate to their age and intelligence. At this point, the minor can sign a contract for pure benefits, such as signing a gift contract as a donor. Other agreements shall come into force after approval by the legal representative.

If the legal representative refuses to approve, the agreement is null and void. If a minor under the age of eight is a person without civil power, they can only be represented by their legal representative in civil activities. <>

In principle, there is no right to conclude an agreement, but if the agreement concluded has been approved by its legal representative, the agreement is valid. The other party may request the legal representative to approve the agreement within one month. Where the legal representative does not indicate his or her intentions, it shall be deemed to have refused approval.

Before the agreement is approved, the bona fide counterparty has the right to cancel the agreement, i.e., at the time of signing the agreement, he does not know whether the other party is a person with limited or no capacity for civil conduct. It should be canceled after notice.

From the perspective of civil capacity, a minor is a person with limited civil capacity, and in most civil activities, a minor needs the consent of a guardian to be effective. If the debtor is a minor around 10 years old, it is a person with limited civil capacity. Under normal circumstances, a large number of loans are incomprehensible in principle, and the results of intelligence and relevant laws and regulations can be **.

Civil activities that are not commensurate with the age and intelligence of a minor in independent debt are in fact a kind of civil work in the bureau, and according to the laws and regulations, it has not been determined that the legal guardian must be certified after the fact. In fact, the limitation of actions relating to arrears falls within the purview of the National Administration of Civil Procedure, even if it is considered that the limitation of actions relating to arrears is actually a matter of limitation of civil actions. If the parties do not have a specific time to write the memorandum, then the loan term must be three years before there can be an appropriate time limit.

If the legal process is as limited as possible, the borrower and the payer negotiate with each other.

Whether the minor wrote the letter incorrectly or there is no need to make a decision based on the facts. According to the relevant provisions of national laws and regulations, we can know that the incident itself is an act that restricts the civil capacity of a Lunxiang, and whether the negligence has legal effect mainly depends on whether it has written effect. As we age, intelligence declines.

It has legal effect if the conditions are met, and it has no legal effect if the conditions are not met.

A minor over the age of one is a person who has the capacity to restrict civil acts, and he or she has a legal representative who approves or approves the implementation of the Civil Code. However, it can be implemented independently in civil law or in civil law corresponding to age and intelligence.

The first paragraph of Article 12 of the General Principles of the Civil Law of the People's Republic of China stipulates that "a minor who has reached the age of 10 is a person with limited capacity for civil conduct, and may carry out civil activities appropriate to his age and intelligence; Other civil activities shall be carried out by his legal **person**, or with the consent of his legal **person.

IOUs issued by minors do not necessarily have legal effect. If it is issued by a minor under the age of eight, it has no legal effect; If it is issued by a minor over the age of 16 who is deemed to be a person with full capacity for civil conduct, it has the effect of legal law; If it is issued by a person with limited capacity for civil conduct who is over the age of eight weeks, it has legal effect with the consent and retrospective recognition of his or her legal person.

It is indeed invalid, because such an IOU has no legal protection ability, and the minor does not have any ability to repay. You can ensure the authenticity of this IOU, and you can also ensure the authenticity of the amount in the IOU, and you can first open it to guarantee it through the name and ID number of the party.

The IOU signed by the adult is invalid; An IOU signed by a minor has no legal effect, and if it is a person with full capacity for civil conduct or a minor over the age of 18, it will have legal effect.

Eight-year-old to be a minor on the model field is valid; Persons without capacity for civil conduct are mainly determined whether they have legal effect based on their age, intelligence and mental state.

IOUs issued by minors who have reached the age of 18 are legally valid. If a minor over the age of 16 lives on his or her own labor income, the IOU issued by the IOU has legal effect.

[Legal basis].Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144.

Civil legal acts carried out by persons without capacity for civil conduct are invalid.

IOUs issued by minors that are appropriate to their age, intelligence, or mental health status are valid civil juristic acts and have legal effect. A person under the age of eight who has not yet reached the age of eight is a person with no capacity for civil conduct, and the civil juristic act carried out is invalid. Article 144 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 145, Paragraph 1: Civil juristic acts that are purely beneficial to persons with limited capacity for civil conduct, or civil juristic acts that are appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.

IOUs issued by minors that are appropriate to their age, intelligence, or mental health status are valid civil juristic acts and have legal effect. Minors under the age of 8 are persons with no capacity for civil conduct, and the civil juristic acts carried out are invalid.

[Legal basis].Article 144 of the Civil Code of the People's Republic of China.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 145 (1).

Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely profitable, or civil juristic acts that are appropriate to their age, intelligence, or mental health, are valid; The civil juristic acts carried out by him are effective after being approved or retroactively recognized by the legally-prescribed person.

IOUs issued by minors that are appropriate to their age, intelligence, or mental health status are valid civil juristic acts and have legal effect. Minors under the age of 8 are persons with no capacity for civil conduct, and the civil juristic acts carried out are invalid.

Civil Code of the People's Republic of China

Article 600 and Article 67.

A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.

Civil Code of the People's Republic of China

Article 188.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The statute of limitations period is calculated from the date on which the right holder knows or instructs the state party to know that the right has been infringed and that the obligor has been instructed. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the period on the basis of the rights holder's application for disorderly investigation.