What agreements can children under 14 independently conclude: what the law allows
Children under 14 can participate in civil legal relations, but their right to independently conclude transactions is limited. According to the provisions of the Civil Code of Ukraine, minors have the right to conclude only minor household transactions without the consent of parents or guardians. These are agreements that correspond to their age, physical, spiritual, or social development and concern items of low value. This was reminded by the Ministry of Justice.
If a minor has concluded a transaction that goes beyond their civil capacity, it may later be approved by their parents, adoptive parents, the parent with whom the child lives, or guardian. The law considers the transaction approved if, within one month after the adults learned about its conclusion, they did not raise objections to the other party. If such approval did not occur, the transaction is recognized as void, meaning it does not produce legal consequences.
At the same time, the law provides for the possibility of recognizing such a transaction as valid in court. To do this, the interested person must prove that its conclusion corresponded to the interests of the minor and brought them real benefit.
If the other party to the transaction was a fully capable individual, they are obliged to return to the parents, adoptive parents, or guardian everything received from the minor. In addition, such a person must compensate for damages if, at the time of concluding the transaction, they knew or could have known under the circumstances that the other party was a minor.
In turn, parents, adoptive parents, or guardians must return to the capable party everything received under the transaction in kind. If it is impossible to return the property, its value must be compensated at prices effective at the time of compensation.
If the transaction was concluded between two minors, each must return everything received to the other. In case of impossibility to return the property, its value may be required to be compensated by the parents, adoptive parents, or guardian, but only if their fault in the loss of property or in concluding such a transaction is proven.
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