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NeCede's

Maxim 3.8.4

A minor is not bound to answer during his minority, except as a matter of favor in a cause of dower.

Minor non tenetur respondere durante minori aetate, nisi in causa dotis.

Source: 3 Bulstr. 143; Morgan, Eng. Legal Maxims no. 1261; Weisman, 80h Difficulty 2/5 — Approachable

Explanation

The law shields infants from the burden of litigation. They are not compelled to defend or plead until they reach the age at which they can do so with full understanding.

Where this applies

  • A minor is sued and expected to defend themselves in court.
  • A lawsuit is brought against a child who has not reached the age of majority.

Topics

Children & Minors

Legal domains

familyprocedural

See also

Cite this maxim

NeCede Max. 3.8.4 — A minor is not bound to answer during his minority, except as a matter of favor in a cause of dower. — 3 Bulstr. 143; Morgan, Eng. Legal Maxims no. 1261; Weisman, 80h (Minor non tenetur respondere durante minori aetate, nisi in causa dotis.)

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