Commentary to article 23. Legal capacity of minors under the age of fourteen of the Civil Code of the Republic of Kazakhstan  

Minors under the age of 14, due to their level of development, are far from being able to fully understand the significance of their actions and direct them. Therefore, transactions on their behalf are carried out by parents, adoptive parents or guardians, unless otherwise provided by legislative acts. A different rule than the rule of the commented article is established, for example, art. 25 of the Civil Code.

In some cases, a transaction on behalf of a minor requires the prior consent of the guardianship and guardianship authority (see commentary to art. 24 of the Civil Code).  

Paragraph 2 of the commented article establishes some exceptions to the general rule provided for in paragraph 1 of this article. Minors under the age of 14 have the right to make minor household transactions appropriate to their age, which should be understood as transactions related to meeting the current household needs of the minor himself or his relatives. Small household transactions include, for example, the purchase of groceries in a store, the purchase of newspapers, school supplies, the purchase of tickets for public transport, etc. However, the amount of such transactions may not be significant. Transactions that a minor has the right to make independently, firstly, must correspond to his age, and secondly, be executed when they are made.

In the event of a dispute, the issue of whether the transaction was minor and whether it corresponded to the age of the minor is decided by the court.  

His parents, adoptive parents, or guardians are responsible for harm caused to minors under the age of 14, unless they prove that the harm was not their fault.

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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.