Are contracts entered into by minors valid? Solve

Updated on society 2024-07-09
5 answers
  1. Anonymous users2024-02-12

    0202020202020202 a minor under the age of 10 is a person with no capacity for civil conduct, and his legal **person** civil activities. Contracts concluded between a person who lacks capacity for civil conduct and another person have no legal effect.

    0202020202020202 minors over the age of 10 are persons with limited capacity for civil conduct, and may carry out civil activities appropriate to their age, intelligence, and mental health; Other civil activities shall be carried out by his legal **person**, or with the consent of his legal **person. The contract entered into by the person with limited civil capacity is valid after being recognized by the legal person, but if the person with limited civil capacity enters into a contract that is purely profitable, such as a gift contract or a contract that is appropriate to his age and intelligence, that is to say, he has the ability to conclude such a contract, then it is not necessary to be recognized by the legal person.

  2. Anonymous users2024-02-11

    Age-specific dependence depends.

    Article 18 of the Civil Code [Persons with Full Civil Capacity] 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 with Restricted Civil Capacity] 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 **persons** or with the consent and retroactive recognition of their legally-designated **persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

    Article 20: [Minors without capacity for civil conduct] Minors under the age of 8 are persons without capacity for civil conduct, and their legally-designated persons are to carry out civil juristic acts.

    It can be seen that adults who have reached the age of 16 but are under the age of 18 and whose main livelihood is to earn their own labor is the right to conclude a contract in accordance with the principle of freedom of contract. In principle, the last adult with limited civil capacity and without civil capacity has no right to enter into a contract, but if the contract they enter into is recognized by their legal person, the contract is valid. In any case, minors with limited or incapacity for civil conduct may enter into a pure profit without the need for recognition by their legal person.

  3. Anonymous users2024-02-10

    Legal analysis: A contract entered into by a minor is valid after being retroactively recognized by the legal ** person, but a contract that is purely for benefits or a contract that is suitable for his age, intelligence, and mental health status does not need to be recognized by the legal ** person.

    Legal basis: Civil Code of the People's Republic of China

    Article 19: Minors over the age of 8 are to be persons with limited capacity for civil conduct, and the implementation of civil juristic acts is to be carried out by their legally-designated **person** or with the consent and recognition of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely profitable, or civil juristic acts that are appropriate to their age and intelligence.

    Article 20: Those who are not yet eight years old are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

  4. Anonymous users2024-02-09

    Legal analysis: minors under the age of 8 who lack civil capacity will have invalid contracts concluded by them; Minors over the age of eight are persons with limited capacity for civil conduct, and the contract they enter into is valid for their age and intelligence, and if they do not meet their age and intelligence, the contract is valid after being recognized by their legal ** person.

    Legal basis: Article 144 of the Civil Code of the People's Republic of China provides that civil juristic acts carried out by persons without capacity for civil conduct are invalid.

    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 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.

    The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days 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.

  5. Anonymous users2024-02-08

    Legal analysis: 1. If the minor is under the age of 8 and is incapacitated for civil conduct, the contract signed by him is invalid. 2. If the minor is over 8 years old but under 18 years old, in order to be a person with limited civil capacity, the contract signed by him is a contract whose validity is to be determined, and the contract shall be retroactively recognized by his legal ** person in order to make the contract valid.

    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:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or 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 30 days 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.

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