Commentary to article 22. Legal capacity of minors between the ages of fourteen and eighteen  The Civil Code of the Republic of Kazakhstan  

Minors who have reached the age of fourteen do not have full legal capacity, i.e. partial legal capacity. They can make transactions themselves, but usually with the consent of their parents, adoptive parents, or caregivers. The form of such consent must correspond to the form established by law for the type of transactions to which the transaction performed by a minor relates.

151 of the Civil Code, transactions are made orally or in writing (simple or notarized). Most transactions are concluded verbally. Accordingly, the consent of legal representatives to perform oral transactions of minors between the ages of 14 and 18 may be given orally. Only in cases where the legislation establishes a simple written or notarized form for the type of transactions to which a minor's transaction relates, and consent to the transaction must be given in simple written or notarized form, respectively.  

The Civil Code does not know the institution of emancipation, i.e. declaring a minor fully capable by decision of the competent state body. Such an institution is provided for, for example, by art. 27 of the Civil Code of the Russian Federation. According to this article, a minor who has reached the age of 16 can be declared fully capable if he works under an employment contract or is engaged in entrepreneurship. The only case when, according to the legislation of Kazakhstan, a minor under the age of 18 acquires full legal capacity is provided for in paragraph 2 of Article 17 of the Civil Code.

As an exception to the general rule of paragraph 1 of the commented article, minors between the ages of 14 and 18, in accordance with paragraph 2 of the commented article, have the right to independently manage their earnings, scholarships, and other incomes, which include income from entrepreneurial activity or work in a cooperative as a member. Minors of the specified age have the right to independently dispose of the intellectual property objects created by them (Article 125 of the Civil Code), for example, literary works, objects of inventive right, etc. In addition, minors can carry out minor household transactions, regardless of whether these transactions are executed during their execution or not.

For the right of minors to make deposits in the bank and dispose of them, see art. 25 of the Civil Code.  

According to paragraph 3 of the commented article, if there are sufficient grounds, for example, drug use, drunkenness, and waste by a minor, the guardianship and guardianship authorities may either restrict the minor's right to dispose of his income and intellectual property, or deprive the minor of such a right altogether. The restriction (including the deprivation of the right) can be established either at the request of the legal guardians and other interested persons, or on their own initiative of the guardianship and guardianship authorities. These restrictions may be challenged in court.

Minors between the ages of 14 and 18 are independently, on a general basis, liable for transactions concluded by them in accordance with the rules of the article being commented on, and are also liable for damage caused by their actions, according to the rules of civil law. In cases where a minor at the specified age does not have property or income sufficient to compensate for harm, he must be reimbursed in the appropriate part by his parents (adoptive parents) or the trustee, unless they prove that the harm was not their fault.

Comments on The Civil Code The Code of Criminal Procedure The Criminal Code The Normative resolution of the Supreme Court The criminal legislation The normative legal acts of the Republic of Kazakhstan  

The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.  

Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.

Deputy head Professor Basin Yu.G.

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages