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Renting a house is a way of managing property, and parents, as guardians of children, can certainly rent out houses in the child's name for the benefit of the child, but the proceeds go to the child. According to the laws of our country, parents can dispose of their property only if it is for the benefit of their minor children.
(2) It is in the interests of the children to dispose of the property of the children in order to obtain the necessary expenses for the proper protection and upbringing of the children when the parents are in poverty.
3. If a parent uses the child's property to pay off his debts, or uses the child's property to set up a mortgage for his debts, it is obviously an act of disposition that is not conducive to the interests of the child.
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Parents can rent out a house for their minor children because the parents are the first guardians of the children. So parents have the right to go to their minor children and make decisions.
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Since the child may now be a person with limited civil capacity, parents can rent out the child's house, which is an act of obtaining benefits.
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1. Can minors rent a house?
1. Minors are not allowed to rent a house, and minors do not have full capacity for civil liability, cannot sign a lease contract with the tenant, and cannot rent a house by themselves. A guardian is required to sign a lease agreement, and minors cannot live alone, and guardians are required to fulfill their guardianship obligations. The law stipulates that children over the age of 10 but under the age of 18 are restricted from civil acts, and this act of renting a house is within the scope of the restriction and is not a civil act that can be carried out by minors.
If a minor wants to rent a house, he must obtain the consent of his guardian, and the rental contract also needs to be signed by the guardian, and the one signed by himself has no legal effect.
2. Legal basis: Article 19 of the Civil Code of the People's Republic of China.
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 ** or with the consent and retrospective consent of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
2. Can minors apply for bank cards?
Minors can apply for bank cards. Under normal circumstances, minors who have reached the age of 16 and have ID cards can bring their ID cards to the bank to apply for bank cards; If you are under the age of 16 and do not have an ID card, your legal guardian should apply for it on your behalf. When acting on behalf of the guardian, it is also necessary to provide the guardian to provide the guardian's valid identity document, proof of guardianship between the two and a copy and other materials, because the requirements of each bank are not completely consistent, and the requirements of the local bank outlets shall prevail.
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Minors are not allowed to rent a house, because in our country, children over the age of 10 but under the age of 18 will be restricted from civil acts, and this act of renting a house is within the scope of the restriction and does not belong to the civil acts that minors can carry out. If a minor wants to rent a house, he or she must obtain the consent of his or her guardian.
Rent a house note:1. Pay attention to renting a house, safety, convenient transportation, and girls can share a house;
2. Close to work, if the highest is high, choose a place with convenient transportation;
3. Pay attention to check the landlord's ID card and other documents, and the intermediary should look at the business license;
4. Before moving in, make a record of whether the facilities are in good condition;
5. Pay the deposit, if you can, you will not pay it, and sign the rental contract;
6. Change a lock.
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Whether minors can rent a house or not, the specific analysis of the situation is as follows:
1. Because minors have limited capacity for civil conduct, minors who are not fully capable of civil conduct and minors with limited capacity for civil conduct can be rented by their legal guardians;
2. However, if minors between the ages of 16 and 18 who rely on their own income as their main livelihood**, they can go through the procedures for renting a house independently.
Legal basisArticle 18 of the Civil Code of the People's Republic of China.
Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.
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.
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 ** or with the consent and retrospective consent of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 21.
Adults who cannot recognize their own conduct are persons with no capacity for civil conduct, and their legally-prescribed **person** shall 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.
Is it illegal to rent a house to a minor.
1. It is not illegal to rent a house to minors under the age of 18, but it may not have legal effect, and the lessor shall bear the adverse consequences caused by the failure to fulfill the duty of care;
2. The rental of housing by minors may be invalid, but it is not absolute, and it should be judged according to whether the minor's rental behavior has the corresponding capacity for conduct.
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Legal Analysis: Whether the house can be rented to minors depends on the circumstances. If a minor is a citizen over the age of 16 but under the age of 18, and his or her labor income is the main livelihood, he or she is regarded as a person with full capacity for civil conduct and can be rented to a minor.
If a minor is a citizen under the age of 16, it is illegal to rent out the property, so it cannot be rented to a minor.
Legal basis: Article 35 of the Civil Code of the People's Republic of China: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.
When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards based on the ward's age and mental status when making decisions related to the ward's interests. Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.
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Legal Analysis: Yes, but the contract is invalid. Minors are persons with limited civil capacity, and renting a house is a civil act that does not conform to the implementation of minors, and if you rent a house, you must have a legal guardian (parent, etc.) come forward, and the rental agreement or act signed by yourself is invalid.
Legal basis: Article 19 of the Civil Code of the People's Republic of China Article 19 Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legally-prescribed **person** or with the consent and retrospective recognition of their legally-designated **; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
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Legal analysis: Whether renting a house to a minor under the age of 18 is illegal or not depends on a case-by-case basis.
If the minor is a citizen over the age of 16 but under the age of 18, and the main livelihood is his or her own labor income, he or she is regarded as a person with full capacity for civil conduct, and the act of renting out a house is not illegal; If the minor is a citizen under the age of 16, it is illegal to rent a house.
Legal basis: Civil Code of the People's Republic of China
Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.
If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.
Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.
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Hello, minors are not allowed to rent a house, because in our country, children over the age of 8 but under the age of 18 will be restricted from civil acts, while the act of renting a house is within the scope of restrictions and does not belong to the civil acts that minors can carry out. If a minor wants to rent a house, he must obtain the consent of his guardian, and the rental contract also needs to be signed by the guardian, and signing it by himself has no legal effect. Hope it helps.
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