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Questions and Answers
What capacity does an infant have to perform juristic acts?
What capacity does an infant have to perform juristic acts?
Under what condition can a minor relinquish ownership of property?
Under what condition can a minor relinquish ownership of property?
What action can a minor use to reclaim possession of their property?
What action can a minor use to reclaim possession of their property?
Who must consent to the alienation of immovable property owned by a minor?
Who must consent to the alienation of immovable property owned by a minor?
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What is the legal status of an infant receiving a gift?
What is the legal status of an infant receiving a gift?
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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
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Description
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.
