Article 10 - Minority and Parental Authority
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A person who has not attained the age of majority is a minor.
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A minor is subject to parental authority or, in the absence of parents, to guardianship as provided in this Code.
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The person exercising parental authority represents the minor in all civil acts, administers the minor's property, and is responsible for the minor's care and upbringing.
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The capacity of a minor to act is graduated according to age:
- A minor under the age of seven has no capacity to perform juridical acts. All acts must be performed on the minor's behalf by the legal representative.
- A minor aged seven to fifteen may perform juridical acts that are purely beneficial to them and acts of trivial value appropriate to their age and circumstances. All other acts require the consent or ratification of the legal representative.
- A minor aged sixteen or seventeen may, with the general or specific consent of the person exercising parental authority, perform ordinary juridical acts of daily life. Ordinary acts of daily life include, without limitation:
- Contracts for necessities appropriate to the minor's station.
- Employment contracts, subject to applicable labour protections.
- Opening and operating a deposit account in the minor's own name.
- Acts of administration concerning property that the minor has acquired by their own labour or industry.
- Juridical acts performed by a minor without the requisite representation or consent are voidable at the instance of the minor, the legal representative, or any party entitled by law to invoke the defect. However:
- The other party may not invoke the minority of the person with whom they dealt.
- A minor who fraudulently misrepresents their age may not invoke their own minority to annul an act, unless the other party knew or ought to have known of the minority.
- An act voidable for minority may be ratified by the minor upon attaining majority, or by the legal representative while the minority subsists.
- The legal representative shall not, without the authorisation of a competent authority:
- Alienate or encumber the minor's property, except movables of insignificant value.
- Renounce rights on behalf of the minor.
- Accept an inheritance on behalf of the minor other than under benefit of inventory.
- Compromise or submit to arbitration any claim belonging to the minor.
- The detailed rights and duties arising from parental authority, including exercise, delegation, suspension, and termination, are regulated by the law of family relations.