Before the age of 18, unless emancipated, a youth cannot be bound by a contract without the permission of his legal guardians, normally its parents. But he could carry out “acts of currents allowed by the law or usage, provided that they are concluded under normal conditions” and not the wrong one not (articles 1148 and 1149 of the civil Code). The jurisprudence considers as an act of power he does not pose a risk to the minor, including the small purchases of everyday life.

The invalidity of contracts signed

If a minor, not emancipated enters into a contract without the signature of her parents, it may be cancelled because the child has no “legal capacity” (ability of a person to have rights and obligations and the exercise itself).

The other party may not ask the parents to execute the contract. The judges are strict in the application of this principle : they have held to be void the enrollment agreement signed by a young girl aged 17 years and 10 months to two years of training, at a cost of 12 770 euros, even though it had followed this training for a year and five months (court of appeal of Paris, 18 October 2012, no. 09/28133).

A minor cannot open a bank account with the delivery of a cheque book and a payment card without the permission of his legal representative (Court of civil appeals, November 12, 1998, no. 97-13248). The judges have invalidated both the account opening and the loan subscribed just after the majority to cover the overdraft. The bank has not been able to recover the money spent (Versailles court of appeal, 26 October 1990, no. 1426/89).

nullity us to invoke him by the only minor

The nullity of a contract ratified by a minor may not be invoked by itself or by its parents, the legal representatives if he is still at the time of the cancellation request in court. The aim is to protect the minor, no third party can oppose this measure.

Read our complete file

Retirement, taxes, gas, etc. What changes on the 1st November, 1st October: what changes for your budget, Gas, light, taxes, health: changing in September

This impossibility goes away. Brothers and sisters cannot claim the revocation of the sale of a house, granted by their father to their brother minor based on the nullity of the acts signed by the latter.


Please enter your comment!
Please enter your name here