Minor (law)

“ Article 108 If the parents or other guardians of a minor fail to perform their duty under guardianship in accordance with law, or seriously infringe upon the lawful rights and interests of the minor under guardianship, the people's court may, upon the application of the relevant person or unit, order a writ of habeas corpus or revoke the guardianship in accordance with law. ”

“ The statutory penalty does not attach the spouse who is a minorWith regard, more particularly, to the statutory penalty, it must be noticed that it attaches only to the person of full age of either sex who inveigles a minor of the other sex into marriage. Such person is not allowed to take any benefit from the property of the minor spouse, whether present or future, whether by gift, legacy, inheritance, or in what way soever. ”

“ But in South Africa, by the Administration of Estates Act, 1913, sec. 71 (re-enacting and amending Cape Ord. No. 105, 1833, sec. 1) : ‘It shall not be lawful for any person except— (a) the father of a minor; or (b) the mother of a minor whose father is dead or has abandoned the minor; or (c) the mother of a minor to whom the custody of such minor has been given by a competent Court; by any will or other deed to nominate any tutor or tutors to administer and manage the estate or to take care of the person of such minor.’ This is without prejudice to the right to appoint a curator nominate. ”

“ A father may represent his son in Court [31] and sue and defend in his name, but if he does so without leave from the Court he will be personally answerable for costs, if the suit proves unsuccessful. [32]
3. Consent to marriage of minor children; 3. Consent to marriage of minor children. The consent of parents is necessary to the marriage of minor children, [33] and without it the marriage is null and void. [34] Consent may be either express or implied. It is implied if the father knows that the marriage of the minor is about to take place and does not forbid it. ”

“ Other contracts, entered into with the tutor's consent, bind the minor [33] unless and until he obtains a decree of restitutio in integrum. [34] Further, a father and guardian, as we have seen or shall see hereafter, may in due course of administration contract in the name of the minor and bind him by such contract, subject however to the same relief. [35]
Liability for delicts and crimes. 7. A minor above the age of seven years is liable for his delicts and of course for his crimes. [36] With regard to delicts Voet says that if there is wrongful intention the minor is always liable. ”

“ The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 10 of Chapter 11 of Title 15. ”

“ When a public security organ receives a report, or when a public security organ, people's procuratorate or people's court finds that the parents or other guardians of a minor have the above circumstances in handling a case, it shall admonish them and may order them to receive guidance of family education. ”

“ Under the law, a minor is a minor and there is no proposition that divides one degree of minority from another. Major decisions, such as voting, the signing of binding contracts of importance, the determination of a course of drastic medical treatment, are deemed to be matters that require mature judgment. The age for such decisions is arbitrarily set at age twenty-one. Acts such as driving a car, sawing a plank, or buying food and clothing are considered to be "skills" that do not require judgment and therefore the age of demarcation varies with the state and the state legislature's attitude. ”

“ Mothers have the right (and widows durante viduitate) to the custody of their sons until they attain the age of seven years, and of their daughters until they attain the age of puberty.
9. The mother's right is forfeited by marrying a stranger, but reverts on her again becoming a widow.
10. The paternal relations succeed to the right of guardianship, for the purposes of education and marriage, in proportion to the proximity of their claims to inherit the estate of the minor. ”

“ No distinction can reasonably be drawn between a minor whose parents are alive and one whose parents are dead. As regards contractual capacity, they are in exactly the same position. V. d. K. Th. 474; Dictat. ad Gr. 3. 1. 26; Holl. Cons., vol. vi, pt. 2, no. 30. Van der Keessel rightly dissents from the view of Groenewegen (de leg. abr. ad Cod. 4. 26. 2) and Voet (14. 5. 4) that minors above the age of puberty whose parents are alive are bound by their contracts until relieved by restitutio in integrum. ”

“ One effect of this is that the major spouse takes no advantage from the mar- riage by way of community of property, nor, where this exists, by ante-nuptial contract. [13] But the minor spouse is not penalized, [14] so that where both spouses are minors the penalty is not incurred.
Consent of parents when the spouses are of full age, It remains to speak of the requirement of consent of parents when the parties to the marriage are of full age. ”

“ Such is the opinion of Voet,^ which Van der Keessel accepts.* But only very pecuUar circumstances would justify overriding the parental authority.* An insane parent, so far as concerns consent, is treated as non-existent, and the same consent, if any, is required and sufficient as would be sufficient if he or she were already dead.* A minor who has married with consent, and who becomes widowed before reaching the usual limit of full age, may remarry without consent. ”

“ United States, supra, we stated that the Juvenile Court Judge's exercise of the power of the state as parens patriae was not unlimited. We said that "the admonition to function in a ‘parental' relationship is not an invitation to procedural arbitrariness." [44] With respect to the waiver by the Juvenile Court to the adult court of jurisdiction over an offense committed by a youth, we said that
there is no place in our system of law for reaching a result of such tremendous consequences without ceremony — without hearing, without effective assistance of counsel, without a statement of reasons. ”

“ I know very well that such an incredible instance of a perverted nature is not provided for by any law, and if you appeal against us the judgment will be in your favour; but, my Lord Count, you were no doubt also informed that the same Canon law permits young people when they come to full years of discretion to enter an order without their parents' consent. ”

“ Julian Mack, The Chancery Procedure in the Juvenile Court, in The Child, The Clinic, and the Court (19'25) , p. 310.↑ . See, e.g., Shears, Legal Problems Peculiar to Children's Courts, 48 A.B.A.J. 719, 720 (1962) ("The basic right of a juvenile is not to liberty, but to custody. He has the right to have someone take care of him, and if his parents do not afford him this custodial privilege, the law must do so.") ; Ex parte Crouse, 4 Whart. 9, 11 (Sup.Ct.Pa. 1839) ; Petition of Ferrier, 103 Ill. ”

“ It gives the right to such parent or guardian to invoke the aid of the court, and secure the restoration of a minor to his or her control; but it gives no privilege to the minor. The age at which an infant shall be competent to do any acts or perform any duties, military or civil, depends wholly upon the legislature. ”

“ Legal restrictions on minors, especially those supportive of the parental role, may be important to the child's chances for the full growth and maturity that make eventual participation in a free society meaningful and rewarding." Bellotti II, 443 U.S., at 638-639, 99 S.Ct. at 3045-3046 (opinion of Powell, J.) .↑ Under common-law principles, one parent has authority to act as agent for the other in matters of their child's upbringing and education. ”

“ Bynkershoek {Qitaest. Jur. Priv., lib. II, cap. iii) argues that the engagements of minors who have tutors are governed by the same rules as any other contracts of minors ; viz. (1) if made without consent of tutors they are absolutely void (but see above, p. 39) ; (2) If made with consent, the minor may nevertheless in a fit case obtain relief. This seems soxmd.
Voet, 23. 1. 12 ; Hoola van Nooten, vbi sup. ; V. d. K. Th. 60. Van Leeuwen, 1. 14. 11. " Van Leeuwen, ubi sup. But the other party to the second engage- ment, if innocent, may maintain an action for damages. ”

“ Such freedom might be dangerous, in more respects than one, to persons whose judgment was not fully matured. It is, indeed, the duty of the parents, or of the guardians, to whom the superintendence of the minor's actions is confided, to ward off such risks. But the State must come in to aid them in this respect, and also consult the interests of the minors themselves, by declaring such of their actions void as are likely to be prejudicial to them in their consequences. It must thereby baffle the interested designs of others to deceive them and surprise them into false decisions. ”

“ The statute does not exclude those capable of forming an intelligent consent, but applies to all minors. The statute's provision calling for the minor's own consent recognizes that at least some minors can consent, but the minor's consent must be supplemented in every case, either by the consent of both parents, or by a court order. ”

“ The fact that the State admittedly has never brought a prosecution under the statute, id., at 2, is consistent with appellants' position that the purpose of the statute is merely symbolic.↑ . Appellants present no empirical evidence to support the conclusion that the State's "propaganda" is effective. Simply as a matter of common sense, it seems unlikely that many minors under 16 are influenced by the mere existence of a law indirectly disapproving of their conduct. ”

“ But even if it should be found that parents may have rights of a Constitutional dimension vis-à-vis their child that are separate from the child's, we would find that in the present area the individual rights of the minor outweigh the rights of the parents, and must be protected. ”

“ Minors are excluded from this right, because the law considers them as infants, because it makes the parent answerable for civil damages committed by them, and because of their legal incapacity to make any compact. ”

“ All men hold that such a boy is not old enough to make such a contract. That any one older than he, who leads him into a crime or misdemeanor, or the transfer of property, or his personal rights and liberty, is guilty of legal offence. The boy is without blame, and his contract is absolutely void—illegal. But in more than one state we hold that a little girl of ten may make the most fatal contract ever made by or for woman, and that she is old enough to be held legally responsible for her act and for her judgment. ”

“ But where a State uses its juvenile court proceedings to prosecute a juvenile for a criminal act and to order 'confinement' until the child reaches 21 years of age or where the child at the threshold of the proceedings faces that prospect, then he is entitled to the same procedural protection as an adult. ”

“ In his petition to the Chancery Court, praying for the removal of the disability of nonage in respect to Lucy, her father states as reasons for the relief, as follows: 'Said minor is possessed in her own right of a considerable estate, real and personal, and a large part of said personal estate consists of demands against petitioner, which he is now ready and willing to settle and account for; said minor is a young lady of at least average intelligence and more than ordinary education and acquirements, and is, perhaps, as competent now to manage her own affairs as she ever will be. ”

“ I. First, we will consider the cafe of infancy, or nonage ; which is a defect of the understanding. Infants, under the age of discretion, ought not to be punished by any criminal prosecution whatever [1] . What the age of discretion is, in various nations is matter of some variety. The civil law distinguished the age of minors, or those under twenty five years old, into three stages : infantia, from the birth till seven years of age ”

“ The same law will hold should a man, who is still of an age to be a father, meddle with a woman, who is also of the proper age, without the introduction of a magistrate; for we shall accuse him of raising up to the state an illegitimate, unsponsored, and unhallowed child. ”

“ Article 40 States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society. ”

“ The volumes ought always to be bound with it. Yale College Law School was advertised there: so were the University of Virginia, and that of Maryland, William and Mary, and the admirable schools of Mrs. Mead, Fred. W. Coleman and others.
The new editor never for one moment supposed that he was adequately equipped for the work in which he had volunteered; but his ambition and tastes led in that direction. For several years, the Messenger had been at the head of American magazines. ”

“ But the constitution of the United States, to which appeal is made in this case, gives to minors no special rights beyond others, and it was within the legislative competency of the state of Louisiana to make exception in their favor or not. The exemptions from the operation of statutes of limitations, usually accorded to infants and married women, do not rest upon any general doctrine of the law that they cannot be subjected to their action, but in every instance upon express language in those statutes giving them time, after majority or after cessation of coverture, to assert their rights. ”