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Kids under 7 cannot enter into contracts at all. Kids between 7 and 18 can enter into contracts, either if those contracts are entirely without duties to them (
by claudius 9y ago
Kids under 7 cannot enter into contracts at all. Kids between 7 and 18 can enter into contracts, either if those contracts are entirely without duties to them (e.g. they can accept gifts) or if their contractual duties are somewhat negligible (e.g. they can buy sweets from their pocket money) or their guardians agreed to them being able to enter into such contracts. All other contracts are provisionally void (?!, "schwebend unwirksam"), i.e. can become void as soon as their guardians disagree with the contract or can become fully valid once their guardians agree.
- tripzilch 9y ago> Kids between 7 and 18 can enter into contracts, either if those contracts are entirely without duties to them (e.g. they can accept gifts) Huh, that's interesting. I'm not familiar with German law, but in the Netherlands this would legally be simply not a contract at all. A contract (in the Netherlands) explicitly requires (actually is defined as such) that both parties have contractual duties, and a contract is the formalisation of the exchange of these ("this for that"). It makes a lot of sense too. If one party has no duties, they can't be held to the contract, so what's the use of even having one.
- dahauns 9y agoI guess this is because in German law the central concept here is not the contract, but the Rechtsgeschäft, which is a broader term: https://de.wikipedia.org/wiki/Rechtsgesch%C3%A4ft https://de.wikipedia.org/wiki/Rechtsgesch%C3%A4ft
- tripzilch 9y agoThanks for the link, I like to think I can read German reasonably well but you'll forgive me if that page is a bit much to digest right now ;-)