Question: Please ask, according to current law, are civil transactions with minors valid?

Reply:

Who are minors?

According to Clause 1, Article 21, Civil Code 2015, a minor is a person under eighteen years old.

Are civil transactions with minors valid?

Depending on the age of the minor, civil transactions of the minor are determined. As follows:

* For people under 6 years old

Civil transactions of a person under six years of age are established and performed by that person's legal representative.

Accordingly, in Article 136, the 2015 Civil Code stipulates the legal representation of individuals:

- Father and mother regarding minor children.

- Guardian for the ward. The guardian of a person with difficulty in cognition and behavior control is the legal representative if appointed by the Court.

- The person appointed by the Court in case the representative specified above cannot be identified.

However, Clause 2, Article 125, 2015 Civil Code stipulates that civil transactions of minors are not invalid in the following cases:

- Civil transactions of people under six years old or people who have lost civil act capacity to meet that person's essential daily needs;

- Civil transactions only give rise to rights or only exempt from obligations for minors, people who have lost civil act capacity, people with difficulty in cognition and behavior control, and people with limited capacity. Civil acts with people who have established and performed transactions with them;

- Civil transactions are recognized by the person who established the transaction to be effective after reaching adulthood or after restoring civil act capacity.

Thus, civil transactions of minors under 6 years old will be performed by this person's representative. However, if the transaction is made to meet the person's daily necessities, it will not be void.

* For people from 6 years old to under 15 years old

People from full six years old to under fifteen years old must have the consent of their legal representative when establishing and performing civil transactions, except for civil transactions serving daily living needs appropriate to their age. .

* For people aged 15 to 18 years old

For this subject, people from full fifteen years old to under eighteen years old must establish and perform civil transactions on their own, except for civil transactions related to real estate and movable property that must be registered and civil transactions must be performed. Other matters prescribed by law must be agreed by the legal representative.

In addition, when performing civil transactions, civil transactions must meet the validity conditions stated in Article 117, 2015 Civil Code, including:

- The subject's civil act capacity must be appropriate to the types of transactions established;

- Participation in civil transactions must be completely voluntary;

- The content and purpose of the civil transaction do not violate prohibitions of the law or violate social ethics;

- If the form of a civil transaction is a condition for the validity of the type of transaction performed by a minor, then this civil transaction must meet that condition. (Article 21, Civil Code 2015)