§ I. On Minors

Those are called minors who have not yet reached that age at which, apart from the authority of the father, or tutor, or curator, they can act civilly. A person who has not completed the twenty-first year of age is a minor.

A minor, if male, is judged pubescent from the completed fourteenth year; if female, from the completed twelfth year.

One not pubescent before the full seventh year is called an infant or boy or little child, and is judged not master of himself; but after the seventh year has been completed, he is presumed to have the use of reason. All who are habitually lacking the use of reason are assimilated to an infant. - Cf. Can. 88. A minor in the exercise of his rights remains subject to the power of parents or tutors, except in those things in which the law regards minors as exempt from paternal power.

I say, 1st. By Roman law, minors not pubescent, even if they have the consent of the father, are not obliged if they contract concerning camp goods or quasi-camp goods; but those who are pubescent are obliged, provided it is not a question of alienating immovable goods or precious movable goods. But concerning profectitious and adventitious goods they can by no means dispose, because regularly they do not have their administration. But wards, by the authority of a tutor, and pubescent minors bereft of a father, with the consent of a curator, validly contract in all things, except immovable goods or precious movable goods, for which the decree of a judge is required.

I say, 2nd. By our law, minors can contract for things necessary for life and education, when the father or tutor does not supply them. But in other things they can indeed contract, but not irrevocably, so that if the contract certainly and evidently favors them, they can stand by it; otherwise they are able to rescind it. Cf. Wells, Every Man, etc., p. 240. - Kent, Comment. vol. 2, part 4, lect. 31, n. 235. - Kenrick, tract. 11, n. 5.

You Will Resolve. - 1st. A minor can use the benefit of the law with a safe conscience, excluding the case of bad faith, since the law was enacted in his favor. Nevertheless he cannot ask for rescission so that he may be exempted from restitution of money which he accepted as a loan and squandered, although he has derived no profit therefrom; for he is held to fulfill the obligation which he certainly knew while he was asking for and receiving the money. Nevertheless others deny this, because civil law, by establishing this incapacity of minors, intends to prevent minors from squandering their goods and wicked men from abusing their inexperience; but it would not attain this end unless it took away in both forums the obligation arising from these contracts. Therefore let others impute to themselves the damage which they suffer. - Cf. Genicot, n. 580. - Marres, n. 127. - Noldin, n. 474.

2nd. He who has contracted with a minor can stand by the contract until nullity is invoked by the minor or by his father or tutor. Nevertheless, private request is sufficient for him to be held to rescission, when the injury is entirely open.

3rd. The minor alone, both by himself and through others by whom he is represented, can ask for rescission of the contract; whence those who have contracted with him cannot oppose his incapacity.

4th. A minor can no longer impugn an act carried out in minority when, having now become of age, he has ratified it; because he was fully capable of contracting when he ratified the act.