LIMITED POWERS OF MINORS AND GUARDIANSHIP
_Limited Powers of Minors._--The legal protection of the child
against the consequences of its own acts is closely associated with
the questions of parental authority and of guardianship. In fact the
regulation of this matter really forms part of the regulation of
parental authority and of guardianship. The minor lacks the requisite
degree of intellectual maturity and of business experience to enable
it to act independently in legal matters without injury to its own
interests; hence, in the matter of legacies, it often happens that a
child is willing to enter into bargains which its maturer judgment
would rightly repudiate. The law, indeed, protects everyone against
usury and extortion, and gives to everyone the legal right to dispute
the validity of an undertaking extracted from him by knavery or
under stress of threats. But these institutions would not suffice to
protect children, inasmuch as the right to repudiate an undertaking
when that undertaking has already been acted upon would be of
extremely questionable value. Moreover, the law of parcimony forbids
that persons should enter into legal undertakings, and subsequently
attempt to repudiate them.
The special legal protection conferred upon minors consists of a
limitation of their powers to enter into valid business engagements,
the extent and consequences of the limitation being such as to
render any engagements made by minors as harmless as possible. In
the majority of legal systems, this leading idea is carried into
effect as follows. Two classes of undertaking are distinguished:
first, those by which the minor acquires certain rights or is freed
from certain obligations; and, secondly, those which effect neither
the one nor the other. Inasmuch as undertakings of the first-named
order are only such as are to the minor’s advantage, no guardianship
is necessary in the case of these, and the minor’s powers to act
are here unrestricted. But undertakings of the last-named order
can be entered into by a minor only with the consent of his legal
representative; thus, a disadvantageous undertaking given by a minor
without the consent of his legal representative is invalid, and the
validity of the undertaking is conditional upon the consent of the
guardian.
_The Tendency of Evolution._--Two points have especially to be
considered in respect of the future regulation of this problem:
the abolition of free competition, and the abolition of the right
of individual inheritance. Many persons consider that it would
be a logical outcome of the abolition of the right of individual
inheritance for the State to undertake the maintenance of all widows
and orphans, either through the instrumentality of a system of
compulsory insurance analogous to Workmen’s Insurance, or else by a
method of provision analogous to that now made for the widows and
orphans of those in the employ of the State.
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