The situation of minors in contracting the commodatum
Journal Title: Journal of Science and today’s world - Year 2014, Vol 3, Issue 1
Abstract
Maturity is one of the main conditions for the accuracy of a transaction. As one of the two trading parties is an in-discerning minor, undoubtedly, the transaction will be void. However, if one of them is a discerning minor, the contract is inoperative because the legislator considers some of the legal actions of the discerning minor as the accurate and operative issues. According to this view, the basis of minor's interdiction in the rights of these days is to support him / her. In this regard, and the inoperativeness of discerning minor's contracts, the discussion toward the capacity of trade parties in contracting the commodatum is necessary. Since the authorized contracts or commodatum is free and the discerning minor does not pay for the profit / enjoyment, as well he / she (as a trustworthy person) should keep the borrowed thing and return it back to the real owner, it cannot be claimed that it is not disadvantageous for him / her. There is a possibility as the discerning minor cannot keep it due to lack of experience and he / she considers as the agent of incompetency. So supporting the discerning minor forces us to reject the dependency theory of discerning minor in taking the borrowed thing and relegate it (the borrowed thing as the discerning minors accepted it) to the permission of the guardians.
Authors and Affiliations
Mohammad Roshan, Reza Aghaabbasi
Keywords
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