Family Code > CHAPTER TWELVE MINORS 4

Section 4. Sanction of the Rules for the Protection of the Minor.

Sub-Section 1. Acts of the Minor

Article 299. - Principle.

The juridical acts performed by the minor in excess of his powers shall be of no effect.

Article 300. - Application for Nullity.

The nullity of juridical acts performed by the minor may be applied for only by the minor, his heirs, or his representatives.

Article 301. - Good Faith of the Person Contracting with the Minor.

1) Notwithstanding the provisions of Article 299, contracts entered into by the minor shall be valid where the contracting party could in good faith believe that the minor had the authorization to conclude them.

2) The provisions of Sub-Art. (1) of this Article Shall not apply where the other contracting party has taken advantage of the inexperience of the minor.

Article 302. - Repayment.

1) Payments made to the minor shall be returned to the extent of the enrichment which remains to his benefit on the day when the action of nullity is instituted

2) In other cases, the minor is not bound to make repayments.

Article 303. - Extra-Contractual Liability and Unlawful Enrichment (1) Principle.

Where the minor had caused damage to another person by his unlawful acts or enriched himself unlawfully , he shall be liable in accordance with the provisions of the Civil Code relating to Extra-Contractual Liability and Unlawful Enrichment.

Article 304. - (2) Mere Statement of Majority.

1) The mere statement made by a minor that he is a major shall not deprive him of the right of availing himself of his minority.

2) Such statement shall not amount to a fault entailing his extra-contractual liability.

Sub-Section 2. - Acts of the Tutor.

Article 305. - Acts Regularly Performed.

1) Acts performed by the tutor, on behalf of the minor, shall be binding on the minor as though he had performed them himself being a major.

2) They shall not be binding on the tutor personally, save an explicit undertaking on his part or in cases provided by law.

Article 306. - Violation of Legal Provisions.

Acts performed by the tutor in violation of legal provisions shall be subject to the provisions of the Title of the Civil Code relating to Agency in the case in case in which a representative has exceeded his powers.

Article 307. - Third Parties

1) The fact that the tutor has acted contrary to the instructions of the court may not be set up against third parties unless they have or should have known such instructions.

2) The provision of Sub-Art.(1) of this Article shall also apply to those instructions given to the tutor by a person who has donated, bequeathed or left property to the minor.

Article 308. - Tutor ‘’ad hoc’’,

The provisions of this Sub-Section shall also apply to the tutor ad hoc.

Sub-Section 3. Liabilities Which May be Incurred.

Article 309. - Tutor.

1) The tutor shall be liable for the damage which way be caused to the minor due to his mismanagement of property, or the fact that he has not obeyed the instructions given to him or the fact that he has acted in a case where his interest were in conflict with those of the minor.

2) The provisions of Sub-Art. (1) of this Article shall apply to the tutor ad hoc.

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