Whether you are selling something or buying something from a minor, you need to be aware of the pitfalls of an agreement between you and that young person. Most contracts with minors are not confirmed by a court. “Article 1390. The following contracts are cancellable or cancellable, even if the contracting parties have not suffered any damage: If, on the other hand, the minor is 18 years old and does not terminate the contract within a reasonable time, the contract could become binding and enforceable. Except as required by law, an unreasonable price or insufficient consideration does not result in the invalidity of a contract unless: (a) there is fraud, error or undue influence; or (b) parties who intend to make a donation or any other act or contract. “These contracts are binding unless they are annulled by an ordinary appeal to a court. They are vulnerable to ratification. Adults who enter into contracts with minors may wonder whether it is legal to do so. In another example, you sell a car to a minor with a private payment plan contract. If the minor stops making payments, you will not be able to sue him for breach of contract.
The court will say that the person was not able to accept the contract. To have a valid contract, all parties who sign the contract must have the legal capacity to do so. This means that the person signing must have a sufficient understanding that they are entering into a contract and the terms they accept. “Article 1489. xxx If basic necessities are sold and delivered to a minor or other incapacitated person, the latter must pay a reasonable price for it. xxx “Therefore, a minor cannot create a trust of any kind, nor act as an executor or administrator. In addition, persons of both sexes under the age of eighteen may not make or testify to a will. By definition, minors have no capacity; In most states, children up to the age of 18 are considered minors. If you enter into a contract with a minor, even if it is not a written contract, the contract may be considered void if the minor does not wish to discharge his or her responsibilities. This element of capacity is intended to protect parties that do not have one. A minor cannot cancel a contract for something necessary for life or a contract with a minor for necessary elements.
The problem is to determine what is really needed. Examples of necessities would be food, clothing and shelter. Transportation to work to pay the cost of living can also be considered a necessary element. a court should find out. agents, whose management or sale may have been entrusted to them, unless the customer agrees; If a person considered to be mentally incapacitated enters into a contract, he or she has the right to cancel the contract. You may also have a guardian who invalidates the agreement. As with minors, mentally handicapped persons cannot cancel contracts of necessity. The majority of states use what`s called a cognitive test to determine if someone is mentally capable. This test determines whether the person in question has the ability to understand the words of a contract and their impact. I inherited a house and many from my parents when I was 16. I entered into a purchase agreement for the property and delivered it to the new owners the same year.
I am now 28 years old and I work as a bank manager. Can I now return the buyer`s money and get the house and land back? As a result, contracts concluded by a minor are usually voidable. However, if basic necessities are sold and delivered to him without the intervention of the parent or guardian, he must pay a reasonable price for the sale. The contract is therefore valid, but the minor has the right to recover a surplus beyond a reasonable value paid by him. In most states, minors are under the age of 18. Minors are not considered legally capable, which means that they are not able to enter into contracts with other people. When a minor signs a contract, he has the possibility to cancel the agreement with certain exceptions. For example, a minor cannot invalidate a contract for an article deemed necessary: while most contracts with a minor are questionable, several states have statutes that allow minors to sign and be bound by a contract with an adult. These contracts are usually insurance or employment contracts. You can sign a contract with whomever you want. And most contracts work well without the need to take legal action.
But if something happens and a party violates (violates) the contract, only a valid contract can be brought before a court and decided (brought to justice). So when are contracts between minors and adults enforceable in court? Minors, the mentally ill and the insane are not able to declare their consent to a purchase contract. Non-payment of the price does not entail the nullity of a purchase contract, but simply establishes a right in favor of the seller to demand either a certain service or the cancellation of this contract. Necessities are the necessary elements for the means of subsistence, housing, clothing, medical care, education and transportation according to the financial capacity of the minor`s family. If a minor misrepresents his or her age and then declares that he or she is a minor, the contract is still invalid. A minor has the possibility of concluding a legal contract. The problem, however, is that the courts will not enforce most contracts in which a minor is involved. Whether or not a contract with a minor is enforceable depends on a variety of factors. In general, when a minor enters into a contract, he has the possibility to cancel the contract until he reaches the age of majority. Protecting minors from the consequences of entering into an agreement that they do not understand is the purpose of this rule.