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NeCede's

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.

Legal domains

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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