The Legal Problems about a Minor’s Capacity to Contract

Abstract

The objective of this article is aimed to examine the legal problems of the legal problems of a minor’s capacity to contract which influence to juristic acts and contracts. It studies both the will of rights and liberties protection and theory of a minor’s capacity in contract law and analysis problematic issues concerning the social and economic change affecting capacity to contract of a minor. It aimed to increase the understanding and apply the law with the advance technologies in the future.

The study shows that the principles on capacity of minor was to protect their right. Meanwhile, its affect to restriction of rights and liberties of a minor, the power of persons to manage the properties and the contract may avoidance. In addition, it is unfair for the parties in the contract. The legal problems about a minor’s capacity to contract may consider age of majority under section 19 of the Thailand Civil and Commercial Code, which provides that a person, on completion of twenty years of age ceases to be a minor and becomes sui juris. This principle affects the individual’s right to manage assets, which must be maintained for 20 years. Therefore, to be fully entitled to manage. Although there are exceptions to doing legal acts without obtaining the consent of the legal representative in Section 22-25, these laws must be interpreted on a matter of fact. So the author suggests that by lower the age of majority, the children will be considered adults earlier and they should have more responsibility in their own rights and property management which will create positive impact on the economy and society as well. In other ways, it may add a new rule of being adults by the concept of emancipation. This method is intended for those who have sufficient maturity to have more power to manage their own assets.