Minor (law)

In Germany, Austria and Switzerland, a person is under 18 years, ie until the coming of age as a minor. Minors are under a special legal protection and have limited rights and obligations.

• 3.1 Historically

History

Roman law knew some protection of minors. A Roman citizen was basically the age of fourteen full legal capacity, but teens could be filed up to the age of twenty-five years under the protection of a guardian ( curator ).

In the European Middle Ages, a distinction was made between infantia, early childhood until about seven years, and the pueritia, the age of seven until marriage ability recognized in boys at fourteen, in girls at the age of twelve. On the pueritia followed the adolescentia. About fourteen - year-old were basically the age of majority where women were legally with her ​​marriage from the tutelage of his father into that of the husband. The infantia included the actual childhood, during which the child remained in the custody of the mother. The pueritia was the time of training, especially took place in boys outside the home. Children could enjoy according to medieval law during the infantia and pueritia protection. The Anglo-Saxon legal code of King Athelstan ( 10th century) as against saw that thieves could go unpunished under twelve years. Conversely, however, was the child during the infantia as the property of the father and could be sold under certain circumstances, into slavery. After the Roman model heirs were placed under fourteen years under guardianship. The Magna Carta ( 1215) guarantees that the guardian must give the inheritance to the actual heirs as soon as it comes of age.

Germany

Capacity

In the legal capacity of minors, the phase is to distinguish before and after the completion of the seventh year of life.

Business Unable minors up to the age of the seventh year of life ( § 104 paragraph 1 BGB). So, you can not legally bind; everyone is right commercially relevant will is denied them, their declarations of intent are void, § 105 paragraph 1 BGB.

In the limited capacity is a minor who has attained the age of seventh year, in accordance with § 106 BGB in conjunction with § § 107 to 113 BGB. He needs to be a declaration of intent by which he not only obtained a legal advantage, the ( previous ) consent of his legal representative. One without such consent contract shall provisionally invalid ( § 107 BGB). He can be effective through subsequent approval of the legal representative will ( § 108 BGB). As far as were left to the minors by the legal representative funds for specific purposes or for leisure (eg pocket money), the minor may include effective agreements to this extent, § 110 BGB (pocket money Clause ).

Neither the incapacity by the limited capacity affect the ability to declarations of intent ( unlimited) business of incapacitated people to pass (as "Declaration messenger "). Thus, for example, can Children as messengers declaration validly shopping for their parents.

Liability

Minors are liable for their actions to the end of the seventh year of life not ( liability privilege ), unless liability is dictated by the principles of equity. Then adhere minors until they reach the age of majority only insofar as they can see their wrongs.

Liability of parents will be considered only if they have breached their duty of supervision. However, it is excluded if the damage would have occurred even with proper supervision.

Austria

A minor is a person who has not attained the age of 18. A minor who has attained the 14 but not yet 18 years old, is a teenager. This is defined in § 21Vorlage: § / Maintenance / RIS search of the General Civil Code, in § 1Vorlage: § / Maintenance / RIS Find Juvenile Court Act and in § 74Vorlage: § / Maintenance / RIS Search Criminal Code.

Historically

From 1 July 1973 to 30 June 2001 Civil Code was a person is a minor under the age of 19. Within this group, those who have not yet reached the age of 14, referred to as immature and those who had not yet reached the age of 7, as children. From the age of 19 they were of full age and of age above age 21. Over time, the age of majority was in various laws lowered to 18 years and the age of majority at 19 years. On 1 July 2001, the age of majority was lowered from 19 to 18 years.

In Switzerland, the majority of pre- 21 was lowered to 18 years.