Minority

Introduction
• Minority is one of the most important factors
influencing a person’s status
• Only persons who have a reasonable understanding
and judgment should have capacity to act.
• No intellectual ability nor experience to participate
independently in legal and commercial dealings
before reaching 18
• Restrictions do not violate their right to equality
because the objective is to protect the minor
• Children below 7 years (infans)- no capacity to act
• Minors between 7 -18 years- limited capacity to act or
enter into contracts with assistance.
The legal status of an infans
1. CAPACITY TO ACT
 No capacity
 Cannot enter into agreements
 Cannot act as somebody’s agent
 Guardian must act for the infans
2. Infans capacity to litigate
• Infans do not have locus standi
• Cannot be party to law suit even if assisted
• Litigation to happen on behalf of the infans
3. Infans capacity to incur delictual and
criminal liability
Infans completely unaccountable in law
Can never be criminally liable
Can not be delictually where liability is based on
fault
The legal status of a minor

1. MINORS CAPACITY TO ACT

 Minors have limited capacity to act

a) Contracts
• Generally, a minor can only incur contractual liability only if
assisted by a guardian when contract is made
• May enter unassited when contract improves his/her position
without imposing duties.
• Guardian consent unnecessary where the other party incurs
duties while the minor acquires rights only.
Unassisted minors contract

• Not void
• Can be ratified by the guardian or by the minor upon attaining majority
• Guardian to decide if minor should honor/repudiate contract
• Other party’s interests not considered and can only abide by decisions of the
guardian
• Other party bound to fulfill obligations
Minors capacity to litigate
Have limited locus standi
Minor’s guardian may sue or be sued on behalf of
minor
Minor may be sued or sue in his/her name with
assistance of guardian.
Minors capacity to incur delictual
and criminal liability
There is a rebuttable presumption that persons of 7
and 14 are not accountable for crimes and delicts
Can be rebutted by presenting evidence
Evidence must have effect of proving that such
minor can distinguish between right/wrong
Minors between 14 and 18 are presumed to be
accountable for crimes and delicts.
Termination of minority
• Upon attainment of age of majority
• If minor gets married before 18, they become
major for all purposes
• Void marriage does not terminate minority
Emancipation

• Minor given freedom to enter into contracts

• Can be tacit or express emancipation
• Mere carelessness on the part of parent will not
constitute emancipation.
Self reading
• Liability of a minor who makes a false
representation.
• Can emancipation terminate minority?
• Does an emancipated minor have locus standi in
judicio?
• Can emancipation be revoked once granted by
parent or guardian??
Thank you