Ex capite minorennitatis et laesionis is a legal term in Scots law that allows minors to challenge or cancel deeds they entered into while underage or if the deed is unfairly burdensome. In other words, it gives minors the right to seek cancellation of a deal that they were not old enough to fully understand or that was unjust.
Ex capite minorennitatis et laesionis is a Latin term used in Scots law to refer to the grounds on which a minor can challenge or cancel a deed they entered into during their minority, or to restore property that was sold for significantly less than its value. For example, if a minor signs a contract to buy a car but later realises it is not in their best interest, they can use ex capite minorennitatis et laesionis to void the contract due to lesion. Similarly, if a minor sells their property for a price far below its actual worth, they can utilise ex capite minorennitatis et laesionis to reclaim the property based on lesion. This legal term serves to protect minors from being exploited in legal agreements, allowing them to challenge or undo agreements that are not in their best interest. It also enables the restoration of property or assets that were undervalued or transferred by a minor.
“Ex capite minorennitatis et laesionis” is a Latin legal term that translates to “from the head of minority and injury.” It refers to a legal principle that protects individuals who are minors or have suffered from mental incapacity or injury.
This principle ensures that minors are not taken advantage of in legal transactions. It allows them to void or rescind contracts if they can prove that they were not fully aware of the consequences or were unfairly treated due to their age.
No, this principle specifically applies to minors or individuals who have suffered from mental incapacity or injury. Adults are generally expected to have the capacity to understand and enter into legal agreements.
Contracts that can be voided include those related to property, employment, loans, and other agreements where the minor or incapacitated person may be at a disadvantage due to their age or condition.
They can provide evidence such as their age, medical records, or expert opinions to demonstrate that they lacked the necessary capacity to fully understand the terms of the contract or were taken advantage of due to their vulnerability.
Yes, there are exceptions. For example, if a minor misrepresents their age or lies about their mental capacity to enter into a contract, they may not be able to rely on this principle to void the agreement.
In general, if a contract is successfully voided under “ex capite minorennitatis et laesionis,” the minor or incapacitated person will not be held liable for any damages caused. However, this may vary depending on the specific circumstances and jurisdiction.
No, a parent or guardian cannot waive the rights of a minor under “ex capite minorennitatis et laesionis.” The protection provided by this principle is intended to safeguard the interests of minors and incapacitated individuals.
The recognition and application of “ex capite minorennitatis et laesionis” may vary across different legal systems. It is important to consult the specific laws and regulations of the jurisdiction in question.
Yes, it is highly recommended for minors or incapacitated individuals to seek legal advice when dealing with contracts or legal matters involving “ex capite minorennitatis et laesionis.” An experienced attorney can provide guidance and help protect their rights and interests.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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