Пословна (не)способност млађих малолетника
Incompetence In Terms Of Legal Affairs Of Younger Juveniles

Summary/Abstract: Although the law states that juveniles under 14 are incompetent in terms of legal affairs, they are granted the right to be included in certain legal transactions, in accordance with their needs and experience. However, this is valid only when the person in question is older than seven, because children under seven are considered completely incompetent when it comes to rational understanding (judgment) and therefore cannot participate in any legal transactions. In that respect, according to the Serbian Family Law, juveniles can be included in legal transactions, but only when it comes to obtaining sole rights, or in legal transaction that does not include obtaining either rights or obligations, or a part of contract for necessaries. Therefore, the existing law is not the best solution. The term ‘legal transactions’, by which sole rights are obtained, does not include the possibility for juveniles to sign a gift agreement, service contract, loan agreement (without interest), (free) proxy agreement, resignation agreement (previously mentioned contracts are usually stated as the example of the contract by which sole rights are obtained) because by participating in certain legal transaction, when it comes to juveniles, a certain obligation may be established. Furthermore, dereliction is stated as a legal transaction that does not include obtaining either rights or obligations, which is certainly not a legal transaction appropriate for age and experience of juveniles under 14, and this part of regulation, act 64, paragraph 1 of Serbian Family Law is therefore considered redundant. Finally, when it comes to contract for necessaries, we must consider a variety of circumstances, beside value of a certain transaction, while evaluating the juvenile’s capacity to sign a certain legal contract.

• Details
• Contents