Carlo Brunold presents a comparative legal analysis of the contractual (in-)capacity of minors in English and German law, considering contract, property and restitution of unjust or unjustified enrichment as well as the measures both jurisdictions take to protect minors' assets from misappropriation.
Carlo Brunold's comparative legal analysis of the limitations placed on minors' ability to enter into and execute transactions in English and German law distinguishes between the laws of contract, property, and restitution of unjust enrichment to reveal the strengths and weaknesses of the two jurisdictions' strongly differing approaches. Whereas under English law minors can, in general, enter into contracts and perform their duties despite the fact that these contractual duties cannot be enforced against them, German law shifts the control over minors' transactions almost entirely to their parents, who can also enter into and execute transactions on behalf of their children. The latter concept is alien to English law, even though parents in both jurisdictions are subject to fiduciary duties with regard to their children's assets.
Table of contents:
Chapter 1: IntroductionI. The Meaning of 'Transactions of Minors'
II. Minors, Parents, and the State
III. Further 'Classes' of Vulnerable Persons
IV. A Comparative Legal Analysis
V. Current Developments
VI. Note on Terminology
Chapter 2: Contractual LiabilityI. Contractual Liability and Minority in German Law
II. Contractual Liability and Minority in English Law
III. Comparative Analysis
Chapter 3: Transfers of RightsI. Transfers of Rights and Minority in German Law
II. Transfers of Rights and Minority in English Law
III. Comparative Analysis
Chapter 4: Restitution of Unjust or Unjustified EnrichmentI. Unjustified Enrichment and Minority in German Law
II. Unjust Enrichment and Minority in English Law
III. Comparative Analysis
Chapter 5: Minority, Parents and the StateI. The Role of Parents
II. The Role of the State
III. Comparative Analysis
Chapter 6: ConclusionI. Policies Underlying Minority
II. Very Young Minors
III. Other 'Classes' of Vulnerable Persons
IV. The Role of Parents
V. The Role of the State
VI. Further Aspects
