Maxim 3.8.1
A minor has the power to make his condition better, but not worse.
Minor potestatem habet conditionem suam meliorare, non deteriorem facere.
Source: Co. Litt. 337; Broom, Max. 496
Difficulty 1/5 — Foundational
Explanation
An infant may accept a beneficial grant or settle a debt, but cannot bind himself to an onerous contract or convey away his property to his own prejudice.
Where this applies
- A teenager enters a contract that harms their interests.
- A minor accepts a gift but tries to sign away their property.
Topics
See also
Cite this maxim
NeCede Max. 3.8.1 — A minor has the power to make his condition better, but not worse. — Co. Litt. 337; Broom, Max. 496 (Minor potestatem habet conditionem suam meliorare, non deteriorem facere.)
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