نوع مقاله : علمی- ترویجی
نویسنده
استادیار گروه حقوق- دانشکده علوم انسانی و اجتماعی- دانشگاه گلستان – گرگان- ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The civil law in many articles emphasizes the need for the parties to the transaction to have legal capacity and prohibits persons without legal capacity from concluding the transaction. Among the unqualified persons are minor auditors and fools who, because they do not have the ability to distinguish their profits and losses, their transactions and possessions in financial affairs are considered invalid. However, in spite of this general ruling, the legislator has allowed them to acquire without compensation in the final part of articles 1212 and 1214. The main reason for this ruling is that in accepting ownership without compensation, no harm will be done to the minor. Of course, this exceptional ruling is only valid for free acquisition contracts, and in non-acquisition free contracts, minors, minors, and fools are not eligible to accept the contract, because they may cause losses to themselves due to their lack of knowledge and awareness. On the other hand, if the contract of free acquisition includes the condition of exchange or obligation, minors and minors are no longer qualified to accept the contract. Because accepting this contract will lead to their involvement in their property and requires the involvement of their guardian or guardian. Therefore, this research, with a descriptive and analytical method, and with a jurisprudential and legal approach, deals with the expression of the eligibility of minors and minors in free contracts and states their eligibility or ineligibility.
کلیدواژهها [English]
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