5 Questions
What capacity does an infant have to perform juristic acts?
No capacity to perform juristic acts
Under what condition can a minor relinquish ownership of property?
A minor can never legally relinquish ownership of property
What action can a minor use to reclaim possession of their property?
Rei vindicatio
Who must consent to the alienation of immovable property owned by a minor?
Both guardians and the Master of High Court
What is the legal status of an infant receiving a gift?
The infant cannot receive gifts; the guardian receives it on behalf of the child
Study Notes
Capacity to Transfer Ownership
Infants
- No capacity to perform juristic acts, including acquiring or giving up ownership on their own behalf
- A guardian must act on behalf of the infant, and if so, the infant becomes the legal owner, not the guardian
- Infants cannot even receive gifts
Minors (7-18)
- Can validly accept ownership of a thing and become the owner
- Can never give up ownership of a thing, even if they deliver it to someone else with the intention of passing ownership
- Minor remains the owner, and can use Rei Vindicatio to claim the thing back from the person in possession without cause
- Both guardians must consent to the alienation of immovable property, with the involvement of the Master of the High Court
Understand the capacity of minors and infants to acquire and transfer ownership of property, including contracts and real agreements. Learn about the role of guardians and the legal implications.
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