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LS1969 by LANCHES THONON

A Minor Can Enter into a Contract of Sale Which Is Perfectly Valid

If a person considered to be mentally incapacitated enters into a contract, he or she has the right to cancel the contract. You can also have a guardian who will cancel the agreement. As with minors, the mentally handicapped cannot terminate contracts for the necessary need. The majority of states use a so-called 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. For most contracts, the general rule is that, although it is not illegal to enter into a contract with a minor, the contract is questionable at the minor`s discretion. Questionable contracts are usually valid and binding contracts unless the child terminates them. As a result, contracts concluded by a minor are generally questionable. However, if necessary things are sold to him and delivered without the intervention of the parent or legal guardian, he must pay a reasonable price for this sale. The contract is therefore valid, but the minor has the right to claim any deductible beyond a reasonable value paid by him. “Article 1489.

xxx When the necessary goods are sold and delivered to a minor or other incapacitated person, the minor or other incapacitated person pays a reasonable price for this purpose. xxx ” If a minor tries to cancel a contract, he must return any property purchased. In the second example above, the minor must return the car if he cannot maintain the payments. The minor may also have to pay compensation for damage to the property. Necessities are the things necessary for food, housing, clothing, medical care, education and transportation depending on the financial capacity of the minor`s family. Many problems can arise when a contract involves a minor. Employment contracts with minors also require special attention. Remember that each of these disputes is not decided by the parties, but must be brought before a court to decide whether the question of jurisdiction exists. From your account, it appears that your situation is governed by important provisions of Republic 386 Law or the Civil Code of the Philippines, which states that contracts of necessity include a variety of needs that a minor might have. However, it is important to note that if the minor receives the same need in another way, the new contract of necessity may not be considered necessary. Usually, necessities include the following; An action for annulment of a cancellable or cancellable contract is brought four years after the minor has reached the age of majority or until the age of 22.

In your case, you entered into the purchase agreement and sold the property at the age of 16 and now wish to recover the property after 12 years. According to the above provision, you only had four years from the age of 18 to recover the above property. Therefore, your action to restore this property is already prescribed. In all cases involving the conclusion of a contract with a minor for employment or necessity, it is important to remember that in the event that the minor does not respect the agreement, it is unlikely that you will resort to the execution of the contract. On the other hand, if the minor reaches the age of 18 and does not terminate the contract within a reasonable time, the contract could become binding and enforceable. Contracts concluded by parties who are unable to conclude a contract, such as . B minors, are cancellable and cancellable. Since minors are not able to give their consent, there can be no consent of the parties as an essential condition of a contract. The fourth required element of a valid contract is legality.

The basic rule is that the courts will not enforce an illegal business. Contracts are only enforceable if they are concluded with the intention that they are legal and that the parties intend to legally bind themselves to their agreement. An agreement between family members to go out to dinner with a member who covers the check is legal, but it is unlikely to be made with the intention of being a legally binding agreement. Just as a contract to buy illicit drugs is entered into by a drug dealer where all parties know that what they are doing is against the law and therefore not a contract that is enforceable in court. When drafting a contract with a minor, competence is the element at stake. .