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Legal Capacity of Minors Aged Fourteen to Eighteen
🔷 I. GENERAL CONCEPT OF LEGAL CAPACITY
Legal capacity is the ability of a subject to independently acquire and exercise civil rights, and to create and perform civil duties.
🔹 Article 22 of the Civil Code of the Republic of Kazakhstan (CC RK) regulates the partial (incomplete) legal capacity of minors aged 14 to 18 years — a transitional status between full incapacity (under 14 years) and full legal capacity (from 18 years).
🔹 II. CONTENT OF ARTICLE 22 OF THE CC RK
📌 Paragraph 1 — Transactions with the consent of legal representatives
“Minors aged 14 to 18 shall enter into transactions with the consent of their legal representatives…”
🔸 Legal representatives are:· parents;· adoptive parents;· guardians (Art. 126 of the Family Code, Art. 21 of the Code on Marriage and Family).
🔹 Form of consent:· must correspond to the form of the transaction itself (oral or written — Art. 152 CC RK);· may be given in advance (e.g., power of attorney) or afterwards (approval).
📚 Related norms:· Arts. 17, 26 CC RK — legal capacity and invalidity of transactions;· Art. 15 of the Law “On the Rights of the Child” — protection of minors’ rights in making transactions.
📌 Paragraph 2 — Independent actions
“…shall have the right to independently dispose of their earnings, scholarships, and other income…”
🔸 Exceptions when consent is not required:· independent disposal of income (earnings, scholarship, royalties);· disposal of results of intellectual activity (e.g., sale of copyright);· minor household transactions (purchasing notebooks, a travel pass, a phone, etc.).
📚 Related norms:· Art. 968 CC RK — intellectual property;· Art. 113 of the Labor Code — work of minors;· Art. 21 of the Family Code — disposal of the child’s property.
📌 Paragraph 3 — Judicial restriction
“…a court may restrict or deprive a minor of the right to dispose of their income…”
🔹 This measure applies in cases of:· unfair or unreasonable management of funds;· systematic harmful actions (gambling addiction, transferring income to third parties, etc.);· an application by the legal representative.
📌 Courts are guided by the principles of:· protecting the interests of the minor;· proportionality of restriction;· ensuring proper upbringing and development.
📚 Related norms:· Art. 20 of the Family Code — restriction on disposal of income;· Art. 26(2) CC RK — restriction of legal capacity.
📌 Paragraph 4 — Liability of the minor
“…shall bear liability for damage caused by their actions…”
🔸 From the age of 14, minors:· independently bear contractual and tort liability;· may be held civilly liable for:o damages;o non-performance of a transaction;o causing harm (e.g., damaging property, a traffic accident on a bicycle, etc.).
📚 Related norms:· Arts. 922–926 CC RK — liability for causing harm;· Art. 27 CC RK — civil liability of minors.
🔷 III. JUDICIAL PRACTICE
🔹 Example 1: Almaty, 2022. A minor concluded a contract for the sale of a camera without parental consent. The court declared the transaction invalid (Art. 160 CC RK), since it went beyond the scope of a minor household transaction.
🔹 Example 2: Shymkent, 2021. Parents applied to court to restrict their child’s disposal of a scholarship, which he was spending on gambling. The court granted the application, referring to Art. 22(3) CC RK.
🔷 IV. RELATED ACTS AND NORMS
| Act / Article | Description |
|---|---|
| CC RK, Arts. 17–27 | General provisions on legal capacity, invalidity of transactions |
| Family Code, Arts. 20, 21, 26, 126 | Rights and duties of parents, guardianship, disposal of income |
| Labor Code, Art. 113 | Conditions of employment of minors |
| Law “On the Rights of the Child” | General protection of property and non-property rights |
| Administrative Code (CAO), Art. 442 | Liability of minors for administrative offenses |
🔷 V. INTERNATIONAL NORMS
| Act | Description |
|---|---|
| UN Convention on the Rights of the Child (1989), Arts. 12, 16, 32 | Recognition of the child’s right to express opinions, protection of property, labor rights |
| Hague Convention of 1996 | Application of family and civil law in relation to minors |
| UN Committee on the Rights of the Child, General Comment No. 12 (2009) | The right to be heard in decision-making processes affecting the child |
🔷 VI. CONCLUSION
Article 22 of the CC RK establishes a balanced legal regime:· expands adolescents’ autonomy in property relations;· maintains supervision and protection through the institution of legal representatives’ consent and judicial control;· secures independent property liability from the age of 14.
⚖ This regime corresponds to modern international trends in the protection of children’s rights, with the gradual expansion of their legal participation in civil turnover.
Attention!
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