authority, he may do so only on condition that he himself performs his part.[1] He further points out that an unassisted contract of a minor always creates a natural obligation, and therefore supports the collateral undertaking of a surety, provided that the minor be upwards of seven years of age. But, contrary to the rule usually applicable to such obligations, the natural obligation of a minor does not preclude the condictio indebiti. Accordingly, if the minor has made a payment in pursuance of an unauthorized contract he can get the money back. But, if he ratifies after full age, his obligation is no longer merely natural, but civil.[2]
Unilateral contracts. 6. A contract entered upon by a minor is good without the tutor's consent,[3] if the advantage is all on his side, and there is no corresponding disadvantage or burden. Other contracts, entered into with the tutor's consent, bind the minor[4] unless and until he obtains a decree of restitutio in integrum.[5] Further, a father and guardian, as we have seen or shall see hereafter, may in due course of administration contract in the name of the minor and bind him by such contract, subject however to the same relief.[6]
Liability for delicts and crimes. 7. A minor above the age of seven years is liable for his delicts and of course for his crimes.[7] With regard to delicts Voet says that if there is wrongful intention the minor is always liable. If, on the other hand, he has done injury through slight or very slight fault (levi vel levissima culpa), without wrongful purpose, he should be excused, or at least relieved from punishment by restitutio in integrum.[8]
Property.
8. In the sphere of property-law there is nothing to- ↑ Voet, 26. 8. 3; V. d. K. Th. 529. But, says Van der Keessel, ‘a minor, who has become a party to a bilateral contract which has been executed, may recover property alienated by him in terms of the contract, but on his side is only bound quatenus locupletior factus est.’
- ↑ Voet, 26. 8. 4.
- ↑ Gr. 1. 8. 5; Voet, 26. 8. 2.
- ↑ Voet, 26. 8. 3.
- ↑ Gr. 3. 48. 10; Voet, 4. 4. 52.
- ↑ Gr. ubi sup. and 1. 8. 8; V. d. K. Th. 133.
- ↑ Gr. 1. 4. 1; 3. 1. 26; 3. 48. 11.
- ↑ Voet, 4. 4. 45; but not, I think, in the modern law.
