Explanation of Article 51
This article addresses the statement of the "minor with authorized capacity," which is: a minor who has completed fifteen years of age, and whose guardian, custodian, or the court has handed over a portion of his property and authorized him to engage in financial transactions.
The article stipulates that the transactions of the minor with authorized capacity are subject to the provisions of Article (44), which are:
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First: If the contract is "purely beneficial," in this case, the contract is "valid" and produces its legal effects.
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Second: If the contract is "purely harmful," in this case, the contract is "void" and does not produce any legal effect.
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Third: If the contract is "ambivalent between benefit and harm," in this case, the contract is "voidable" and produces its legal effects unless the minor, his guardian, or custodian requests its annulment, in which case the contract is annulled and does not produce any legal effect.
It is worth noting that this ruling applies to all types of contracts, whether they are contracts of exchange or donation contracts, and whether they are consensual or formal contracts.
This article is considered one of the most important articles related to the transactions of the minor with authorized capacity, as it protects his rights and provides him with the opportunity to annul the contract if it is harmful to him.
As for "interdiction," which is: preventing a person from disposing of his property, it will be discussed in detail in Article (46).
It is worth noting that the authorization for the minor with authorized capacity is only in financial transactions and does not include other transactions, such as marriage, divorce, will, and the like.
Related To
Article 51
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If a minor attains the age of 15, his guardian or trustee may, without prejudice to the provisions of Articles 54 and 55 of this Law, give him part of his property and authorize him to make financial dispositions. Such authorization shall not be invalidated by the death or dismissal of the authorizing guardian or trustee. The court may authorize the minor to make such dispositions if his guardian or trustee refuses to grant such authorization.
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A discerning minor who has been granted an authorization in accordance with the provisions of paragraph (1) of this Article shall have the same status as a person who has reached the age of majority with regard to the dispositions for which he was authorized.