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Does the agreement signed by minors have legal effect

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Does the agreement signed by minors have legal effect


        

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  • 2024-05-31 13:01:40

    1. A citizen over the age of 16 but under the age of 18 who uses his own income from work as his main source of income shall be regarded as a person with full capacity for civil conduct.

    At this time, minors have the right to conclude a contract in accordance with the principle of freedom of contract. It is not illegal to conclude a contract with others. As long as the contract has no other validity flaws, the contract is valid.

    2. Minors over the age of eight are persons with limited capacity for civil conduct and may engage in civil activities appropriate to their age and intelligence.

    At this time, minors can sign contracts for pure benefits, such as signing gift contracts as donees. Other contracts are valid after being ratified by the legal agent. If the legal agent refuses to ratify, the contract is invalid.

    3. Minors under the age of eight are persons without capacity for civil conduct and can only be represented in civil activities by their legal representatives.

    In principle, there is no right to conclude a contract, but if the concluded contract is ratified by its legal representative, the contract is valid. The counterpart may urge the legal agent to ratify it within one month. If the legal representative fails to express his intention, he shall be deemed to have refused to ratify it.

    Prior to the ratification of the contract, the bona fide counterpart has the right to cancel, that is, at the time of signing the contract, he did not know that the other party was a person with limited capacity or no capacity for civil conduct. Cancellation shall be made by notice.

    [Legal Basis]

    In Article 19 of the Civil Code, minors over the age of eight are persons with limited capacity for civil conduct, and when performing civil legal acts, they shall be represented by their legal representatives or approved and ratified by their legal representatives;

    However, they may independently perform civil legal acts that are purely beneficial or that are appropriate to their age and intelligence.

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