Start with status on the transaction date
When a contracting party is a minor, appearance, student status or a signature alone does not establish full capacity to enter the contract. Check the date of birth, the date of the proposed juristic act and relevant legal status. As a general rule, a person reaches majority at twenty; the law also provides for majority through a legally valid marriage. Assess these matters using actual evidence, rather than accepting a statement that the person is already an adult.
Missing consent does not make every transaction automatically void
Section 21 generally requires a minor to obtain the consent of their legal representative before a juristic act. Under that rule, an act without consent is voidable, rather than automatically void. The rule must be read with exceptions, including solely acquiring a right or being released from an obligation, strictly personal acts, and acts suitable to the minor's circumstances and reasonably necessary for living under Sections 22–24. Calling something an everyday purchase does not by itself establish that a particular contract falls within an exception.
Read all obligations, not just the contract label
Collect the complete contract, quotation, attachments and messages recording the agreement. Separate what the minor receives from what they must provide in return. For example, a document described as free use may require payment after a trial or provide for automatic renewal. Mark payment amounts, duration, termination, penalties and continuing obligations so that the reviewer can assess the actual transaction rather than its label.
Identify who gives consent and what it covers
Where consent is required, check that the person giving it is the legal representative for that case, with supporting evidence. Record the contract version and terms covered and when consent was given. An accompanying adult or someone paying the bill is not necessarily the legal representative. Consent to one transaction should not simply be assumed to cover a later increase in the amount or a change in obligations. The evidence used should suit the transaction and any specific legal requirements.
Preserve accurate evidence if signing has already occurred
Keep every version, the message sequence, payment and delivery records, and the dates when relevant people learned of the matter. Distinguish documented facts from questions still to be answered. Do not backdate records, insert consent on another person's behalf or delete conversations to make the paperwork appear complete. Avoidance, ratification or other action requires a case-specific assessment of who may act, the conditions and the timing. Do not stop performing a contract solely because one party is described as a minor.
Prepare information for a consultation with B Law Firm
Summarize the person's age and status on the contract date, the parties, what was agreed, remaining obligations and the questions requiring review. Include the contract and any genuine consent evidence. B Law Firm can receive this information to assess contractual and related legal issues against the facts. Send only necessary personal data through a channel confirmed by the firm. Document review begins a consultation; it does not guarantee that every contract can be cancelled or that a desired litigation outcome will follow.
References
"Be your trusted Partner" - we are ready to protect your rights and interests.
Back to all articlesOur services for this kind of matter
Tell us briefly about your matter through the online consultation form and a lawyer will call you back.
Open the consultation form
