I would like to know whether the following legal transaction is effective and whether my statements are correct.
"Erik, a student born on June 11th, 2002, without his parents' knowledge, concludes a purchase agreement with seller X on a laptop for 1,000 euro on June 10th, 2020, whereby it is contractually agreed that the purchase price is not to be paid until October 10th, 2020 the next day Erik goes to salesman X again and tells him that he no longer wants the device. "
My consideration: - Student Erik is not yet of legal age at the time of the conclusion of the contract and therefore according to §106 BGB limited in its legal capacity and according to. Section 107 of the German Civil Code (BGB) for a declaration of intent through which he does not only obtain a legal advantage, the consent of his legal representative (legal disadvantage is the payment of the purchase price, i.e. The prerequisite is met). According to §108 Paragraph 1 BGB he concludes a contract without the consent of his legal representative and the validity of this contract is pending ineffective until the subsequent approval of the legal representative. However, he will come of age at the beginning of June 11, 2020 (unlimited Girlfriend) and it would then have to acc. Section 108 (3) of the German Civil Code (BGB), his approval will take the place of the legal representative and the purchase contract will be effective. Means that he also has to pay the purchase price if the seller does not return the money.
What is your opinion?
You can subsequently refuse your approval because you were a minor at the time of graduation.
So always count on the time of graduation.
so you say yes or no yourself
As far as I still know correctly, you are only legally competent when you are of legal age! Minors, for example, are subject to the "pocket money paragraph".
If it is of particular importance, I can ask my former teacher again, I have good contact with him.
Simple and poignant… In your description of the question, the "test subject" was on the 10th! June only limited legal capacity and thus he can sign the purchase contract on June 11th. - then revoke it yourself as an adult.
Pocket money paragraph can also be easily levered out so that it does not work at all
Your headline should probably read 'limited legal capacity', right?
Has he paid the purchase price now or not yet? I did not quite understand.
We only recently had. And yes, he can then withdraw from the contract himself.
I don't understand the sentence:
Means that he also has to pay the purchase price if the seller does not return the money.
A pending contract is revoked, the purchase price is to be reimbursed.
And it would then have to acc. Section 108 (3) of the German Civil Code (BGB), his approval will take the place of the legal representative and the purchase contract will be effective.
Everything is correct until then. There's no permit. On the contrary, he has declared that he does not want to buy it (anymore).
Changed it, thank you very much!
No, payment is planned for October 10, 2020, but it is also included.
So is it about when he closes the contract? Because he still had limited legal capacity and when he is of legal age he can withdraw from the contract himself?
So he had limited legal capacity at the time and when I come of age I can refer to it and then withdraw it myself and logically don't need the consent of the legal representative?
Many Thanks. So he can revoke the contract, which he "still" has limited legal capacity, in the following by making his own declaration of intent (because he is now of legal age).
So he cancels the contract himself and doesn't have to pay the sales contract?
I agree
That's how I see it…
Thank you very much, I understand now.
The question has already been answered with a clear "yes" several times.
I still don't understand your sentence about why he would have to pay then.
Okay. Of course, my sentence makes no sense in this regard. Just ignore him and thank you for your answer!
Revoking is the wrong term. He refuses to approve and the contract is therefore definitely ineffective.
Does he quasi retroactively deny his approval and thus the legal transaction is ineffective?
The legal transaction is pending ineffective until this condition is lifted in one way or another. Here it is done in the other way ^^
Then employs this state himself by being of legal age by refusing his approval.