RESPONSABILIDAD NEGOCIAL DE LOS ACTOS REALIZADOS POR MENORES DE EDAD NO EMANCIPADOS. ANÁLISIS DOCTRINAL Y JURISPRUDENCIAL.

Abstract

At present, the heritage protection of minors remains confined around the limitation of liability for such consent itself. In this article we analyze in detail what is the degree of impact that has de capacity to act of individuals -in our case the unemancipated minors- in the validity and effectiveness of agreements between individuals. Likewise, also effects the silence that keeps our civil rules about the classic question of the «intent of minors»; expression that is reserved for situations in which the minor, through trickery and insidious maneuvers induces counterparty able to be hiring belief with an adult. In these cases, the question arises whether this extends to the factual situation and the protection accorded favorable treatment to a minor subject both by article 1.302 of the Civil Code, allowing urge the annulment of the agreement, as per article 1.304, limiting or restricting the refund in quantum locupletiores facti sunt.