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Contracts binding upon minors it is possible for a

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CONTRACTS BINDING UPON MINORSIt is possible for a minor to be bound to the following contracts concluded without theconsent or assistance of the minor’s parents or guardian:(a) Where minor has full contractual capacity.A minor can, in certain circumstances, act without the consent or assistance of his/herguardian,for example,where the minor acquires only rights in terms of his/her actions without incurringany duties.An exampleis where a donation is made to a minor.Any such transaction must be to the advantage of the minor and may be set aside if it is inany way to his/her detriment or disadvantage.Certain statutes provide for transactions by minors where no consent or assistance fromtheir guardians is necessary (for example, a minor older than 16 years can deposit moneyinto his/her own savings account at a banking institution, and children may alsoindependently consent to various medical treatments from as young as 12 years).(b) Where minor acts with consent or assistance of guardian.Some juristic acts by the minor can be performed only with the consent or the assistanceof the minor’s guardian/tutorWhere the minor, for example,wants to conclude a contract of purchase and sale).The guardian/tutor can consent to such an act before, during or after it is done.If the consent is given after performance of the act, ratification takes place. The minor,after attaining majority, can also ratify any juristic act performed by him/her before he/sheattained majority.Ratification renders the act valid and binding as if it was done with the necessary consentor assistance at the time of performance of the act.(c) Guardian/tutor acts on behalf of the minor.The guardian/tutor may perform certain acts on behalf of the minor.
The minor obtains the rights and duties that arise from these acts, which may only beperformed to his/her benefit.If they are in any way to the minor’s detriment or disadvantage, these acts may be setaside by an order of court.The parties are then placed in the position in which they were before the act wasperformed. This is called restitution or restitutio in integrum.(d) Additional consent above and beyond consent of guardian/tutor.For some juristic acts the additional consent from other persons, above and beyond theconsent of the guardian/tutor, must also be obtained.An exampleis where immovable property of the minor is alienated.Where the value of the property does not exceed R250 000 the consent of the Master ofthe High Court must be obtained. Where the value of the property exceeds the amount ofR250 000, the consent of the High Court is required, following a formal court application.(e) Prohibited actions.Certain juristic acts may not be performed by or on behalf of the minor.

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Term
Fall
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High Court

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