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2-2(82) 2014 LAW
S.V. Bukshina
Small Household Transaction: Concept and Implementation by a Minor
Analysis of the doctrinal positions of the current legislation, the content of civil capacity; value of transactions made by minors, the use of legal structures of foreign law have allowed the author to develop the concept and features of small household transactions involving juveniles and the need to come up with a legal definition of the transaction. The conclusion is made that a minor commits a small everyday transactions to meet their personal needs, while transaction aimed at meeting the personal, family, household needs of family members of a minor is subject to the effect of other provisions of Article 26 of the Civil Code of the Russian Federation. Transaction by a minor may be challenged in court by parents (or persons in loco parentis). Proposal is made for vesting this right to the guardianship authority (in certain cases). To challenge the transaction the court in each case, considering the age and level of a minor’s development, determines the nature of the transaction and decides to implement the relevant provisions of the Civil Code of the Russian Federation.
DOI 10.14258/izvasu(2014)2.2-18
Key words: capacity, minorities, the criteria for small household transactions, the ability to transact, invalidity
Full text at PDF, 297Kb. Language: Russian.
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