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Legal Capacity of Minors Under Fourteen Years of Age (Young Children)
🔷 I. GENERAL CHARACTERISTICS
Article 23 of the Civil Code of the Republic of Kazakhstan regulates the civil-law status of minors under the age of 14 (young children). At this age, a child possesses limited legal capacity. A child cannot independently participate in civil transactions, except in cases expressly provided by law.
🔹 Young children do not have full legal capacity because, due to their age, they:
· cannot fully understand the legal significance of their actions;· require representation of their interests by adults (parents or guardians).
🔷 II. COMMENTARY ON THE PROVISIONS OF THE ARTICLE
📌 Paragraph 1: Transactions on Behalf of a Young Child
“On behalf of minors under fourteen (young children), transactions shall be carried out by their legal representatives, unless otherwise provided by legislative acts.”
🔹 Legal representatives:
· parents (Article 126 of the Code of the Republic of Kazakhstan On Marriage (Matrimony) and Family);· adoptive parents;· guardians (in the absence of parents or in case of deprivation of parental rights).
🔹 Transactions performed on behalf of a young child:
· purchase and sale of property;· donation;· lease agreements;· opening a bank account;· disposal of copyright.
🔸 All transactions must be carried out exclusively in the child’s interests and, where necessary, with the consent of the guardianship authority (Articles 166 of the Civil Code and 127 of the Family Code).
📚 Related provisions:
· Article 26 of the Civil Code — invalidity of transactions;· Articles 166, 167 of the Civil Code — consent of the guardianship authority;· Article 127 of the Family Code — management of the child’s property.
📌 Paragraph 2: Minor Everyday Transactions
“…may independently perform only minor everyday transactions appropriate to their age and executed at the time of their conclusion.”
🔹 Conditions:
· the transaction corresponds to the child’s age and level of development;· it is insignificant in value;· it is performed immediately (for example, buying ice cream or a transport ticket).
🔹 Examples of permissible transactions:
· purchase of school supplies;· payment for transportation;· buying a small toy;· giving a small item as a gift.
📚 Related provisions:
· Paragraph 2 of Article 22 of the Civil Code — similar rules for adolescents;· Paragraph 2 of Article 26 of the Civil Code — contesting transactions.
🔷 III. JUDICIAL PRACTICE
🔹 Example 1: Shymkent, 2022
A 12-year-old boy independently paid for goods in an online store via a payment terminal. The parents demanded a refund, referring to Article 23 of the Civil Code. The court held that the transaction did not qualify as a minor everyday transaction and granted the refund.
🔹 Example 2: Almaty, 2023
A child purchased a mobile phone for 50,000 tenge without parental knowledge. The court declared the transaction invalid, as it exceeded the reasonable limits of a minor transaction. The seller was obliged to return the money.
🔷 IV. LEGAL CONSEQUENCES OF VIOLATION
🔸 Transactions carried out by young children without the participation of their legal representatives are void (Paragraph 1 of Articles 165 and 166 of the Civil Code) if:
· they are not minor everyday transactions;· there is no direct legal authorization.
🔹 Damage caused by a young child:
· shall be compensated by the legal representatives (Article 924 of the Civil Code);· exceptions are possible if there is no fault on the part of the parents.
📚 Related provisions:
· Article 26 of the Civil Code — invalid transactions;· Article 924 of the Civil Code — liability for damage caused by a young child;· Paragraph 3 of Article 927 of the Civil Code — subsidiary liability of parents.
🔷 V. RELATED ACTS AND PROVISIONS
| Source | Content |
|---|---|
| Civil Code of the Republic of Kazakhstan (Articles 26, 165–167, 924–927) | Invalidity of transactions, liability |
| Family Code (Articles 126–129) | Legal representatives, parental duties |
| Law of the Republic of Kazakhstan On the Rights of the Child | Protection of children’s property rights |
| Code of the Republic of Kazakhstan on Administrative Offences (Article 442) | Liability related to actions of minors |
| Law of the Republic of Kazakhstan On Banks and Banking Activity | Opening a bank account in the name of a child — only by parents or guardians |
🔷 VI. INTERNATIONAL NORMS
| Document | Position |
|---|---|
| Convention on the Rights of the Child (1989) | Articles 5, 12, 18 — parents bear primary responsibility for the child |
| Hague Convention on the Protection of Children (1996) | Parents and the State must ensure protection of minors’ interests |
| European Convention on Human Rights | Protection of property rights and the right to a fair trial for children |
🔷 VII. CONCLUSION
Article 23 of the Civil Code of the Republic of Kazakhstan:
· clearly delineates the powers of young children and their legal representatives;· protects the child’s interests through parental and state supervision;· allows limited participation of the child in civil circulation through minor everyday transactions;· does not permit legal consequences arising from actions of a child that are inappropriate to their age.
⚖ This provision forms the foundation of the legal regime governing young children and complies with international standards for the protection of children’s rights.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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