Maxim 3.8.3
A minor before coming of age cannot act in a case of property.
Minor ante tempus agere non potest in casu proprietatis.
Source: 2 Inst. 291; Morgan, Eng. Legal Maxims no. 1256; Weisman, 80d
Difficulty 2/5 — Approachable
Explanation
Transactions involving real property require full legal capacity. A minor's deed of conveyance is voidable at his election upon reaching majority.
Where this applies
- A minor tries to sell real property.
- A child's deed of conveyance is challenged when they come of age.
Topics
See also
Cite this maxim
NeCede Max. 3.8.3 — A minor before coming of age cannot act in a case of property. — 2 Inst. 291; Morgan, Eng. Legal Maxims no. 1256; Weisman, 80d (Minor ante tempus agere non potest in casu proprietatis.)
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