Contracting Ability Of Minors System

Minors are society's future and hope, but because their body and the mental is in growth, they are easy to suffer from the external injury. Therefore, it is extremely essential for some systems to be designed to protect their benefit in the law. In the civil law the system of the minors' contractual capacity is made for this.This article concludes five chapters: the first chapter is the introduction, states the precise meaning of the minor, and explains the concept of the minors'contractual capacity, has made a discussion on its origin in Roman law and historical significance, and summarizes the systems of the minors' contractual capacity of some countries developed in legal system. From second chapter to the fourth chapter ,an analysis and comparation are made to the system of the minors' contractual capacity of the main countries that developed in legal system. The second chapter is the study to the typical countries of continental law system. In civil law of France, in principle a minor is thought to not have the capacity to conclude a contract, but some exceptional contracts he /her makes are effective in law. In the Germanic system of law, the minors are divided into two kinds according to their ages: the minors with no contractual capacity and the minors with limit contractual capacity .A contract made by a minor with no contractual capacity is completely invalid in law. The contracts made by a minor with limit contractual capacity is indefinite in law. If the minor with limit contractual capacity obtained its legal representative's agreement, the contract he/she has made is effective from the beginning;otherwise, it is a invalid contract. The third chapter is an analysis to the...