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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?
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?
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?
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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Description
This quiz covers the legal capacity of minors and infants to acquire and transfer ownership of property, including the role of guardians and the limitations of their rights.
