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Questions and Answers
Which of the following actions can an infant legally perform?
Which of the following actions can an infant legally perform?
- Acquire ownership of a property on their own behalf
- Give up ownership of a property on their own behalf
- Receive gifts directly
- None of the above (correct)
Who must consent to the alienation of immovable property belonging to a minor?
Who must consent to the alienation of immovable property belonging to a minor?
- Both guardians must consent (correct)
- The minor can consent on their own
- Only one guardian must consent
- No consent is required
What can a minor use to reclaim a thing they still legally own but is in someone else's possession?
What can a minor use to reclaim a thing they still legally own but is in someone else's possession?
- Nemo dat
- Actio legis
- Emancipatio
- Rei vindicatio (correct)
Under what conditions can minors accept ownership of a thing?
Under what conditions can minors accept ownership of a thing?
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What happens if a guardian acquires property on behalf of an infant?
What happens if a guardian acquires property on behalf of an infant?
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Study Notes
Capacity to Transfer Ownership: Infants and Minors
Infants
- Have no capacity to perform juristic acts, including acquiring or giving up ownership
- Require a guardian to act on their behalf in matters of ownership
- Even gifts cannot be received by infants without a guardian
- If a guardian acts on behalf of an infant, the infant becomes the legal owner, not the guardian
Minors (7-18 Years Old)
- Can accept ownership of a thing and become the legal owner
- Cannot, however, give up ownership of a thing, even if they deliver it to someone else with the intention of passing ownership
- Remain the legal owner, and can use rei vindicatio to claim the thing back from the person in possession without a valid reason
- For alienation of immovable property, both guardians must consent, as well as the Master of High Court
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