Summary
Summary of Capacity of Minors
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Summary of Capacity of Minors Legal Capacity of a Minor Capacity to Act Capacity to Litigate
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, 3 CATEGORIES OF AGE:INFANTS
MINORS
• From moment of birth; 0 — 7 • 10: criminal accountability
MAJORS
• Full capacity to act: age of
years old: infants • 12/15 (puberty) majority (18)
• No capacity to act: infant • 14: witness a testament • • Firearms control act — m
• Cannot reach consensus with • 18+: a major be 21
another party • Limited capacity to act: minor
• Point of departure for capacity • • Certain contracts they can
to act — capacity to perform a conclude by themselves
valid juristic act: capacity to
conclude a contract
• • To conclude valid juristic act
(contract) — must be able to
comprehend the nature and
extent of the contract
• Every subject has legal
capacity from birth
,The minor’s legal capacity and capacity
to act
LEGAL CAPACITY CAPACITY TO ACT
Minor has limited legal capacity No presumption that cannot understand nature and
Minor cannot hold certain offices, eg: consequences of acts
Trustee of insolvent estate Thus generally
Director of company Limited capacity to act
Guardian of another minor child (even own child) Reason for limitation on capacity to act is to protect
minor from own immaturity of judgment
thus
Point of departure:
Won’t be able to exercise rights and duties that flow
from holding such offices Unassisted minor cannot incur binding contractual
obligations
Assisted minor can incur binding contractual obligations
, Abigail is 14 years old and pregnant. Will she
be able to be the guardian of her baby?
Abigail is a minor as she is above 7 years old but still under the age of 18.
A minor has limited legal capacity. Abigail will have limited legal capacity.
Even though she gives birth to her own child she still is a minor. A minor can not hold office.
Being a guardian will not be possible as that will be seen as holding office.
Abigail won’t be able to exercise rights and duties that flow from holding such offices of a
guardian.
A major will need to be appointed to hold office of a guardian until Abigail reaches the age of
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