30/12/2023 16:16

đá bóng trực tiếpDo minors under 15 years old need their parents' consent to buy a phone with their lucky money in Vietnam?

Do minors under 15 years old need đá bóng trực tiếpir parents' consent to buy a phone with đá bóng trực tiếpir lucky money in Vietnam?

Do minors under 15 years old need their parents' consent to buy a phone with their lucky money in Vietnam? Tien Luat (Binh Duong).

Hello, Lawnet would like to answer as follows:

Do minors under 15 years old need their parents' consent to buy a phone with their lucky money in Vietnam?

Pursuant to đá bóng trực tiếp provisions of Article 21 of đá bóng trực tiếpCivil Code 2015, minors according to đá bóng trực tiếp law are understood as follows:

- Minors are persons who are under eighteen years of age.

- Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.

- Each person who is from six to under eighteen years of age must have đá bóng trực tiếp consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for đá bóng trực tiếp purpose of meeting đá bóng trực tiếp needs of daily life suitable for đá bóng trực tiếp age group.

- Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to đá bóng trực tiếp consent of his/her legal representative.

Thus, when establishing and performing civil transactions, people under 15 years old must have đá bóng trực tiếp consent of their legal representative, except in cases where đá bóng trực tiếp civil transaction serves daily living needs appropriate to their age.

When a person under 15 years old uses lucky money to buy a phone, it means they have performed a civil transaction, and buying a phone is not a civil transaction to serve that person's daily needs.

Therefore, when buying a phone with lucky money or savings, people under 15 years old need permission from a legal representative.

Legal representatives are specified in Clause 1, Article 136 of đá bóng trực tiếpCivil Code 2015, including:

+ đá bóng trực tiếp father and/or mother with respect to a minor.

+ đá bóng trực tiếp guardian with respect to a ward. đá bóng trực tiếp guardian of a person with limited cognition and behavior control is a legal representative if appointed by a court.

+ đá bóng trực tiếp person appointed by a court in case where it is not able to determine đá bóng trực tiếp representative prescribed in Clause 1 and Clause 2 of Article 136 of đá bóng trực tiếpCivil Code 2015.

+ đá bóng trực tiếp person appointed by a court with respect to a person with limited legal capacity.

Therefore, people under 15 years old who want to buy a phone with lucky money must first ask their parents' permission. If parents agree, they are allowed to buy a phone to use.

Is it possible to return đá bóng trực tiếp phone when đá bóng trực tiếp parents do not give their permission to buy it?

According to Article 117 of đá bóng trực tiếpCivil Code 2015, conditions for effective civil transactions are as follows:

- A civil transaction shall be effective when it satisfies all of đá bóng trực tiếp following conditions:

= Participants in đá bóng trực tiếp transaction have legal personality and/or legal capacity in conformity with such transaction;

= Participants in đá bóng trực tiếp transaction act entirely voluntarily;

= đá bóng trực tiếp purpose and contents of đá bóng trực tiếp transaction are not contrary to đá bóng trực tiếp law and/or social ethics.

Along with that, based on đá bóng trực tiếp provisions of Article 125 of đá bóng trực tiếpCivil Code 2015, đá bóng trực tiếp regulations on đá bóng trực tiếp invalidity of civil transactions established and performed by minors or legally incapacitated persons or persons with limited cognition and behavior control or persons with limited legal capacity are as follows:

1. When a civil transaction is established or performed by a minor, a legally incapacitated person, a person with limited cognition and behavior control, or a person with limited legal capacity, a court shall, at đá bóng trực tiếp request of đá bóng trực tiếp representative of that person, declare such transaction invalid, if it is provided for by law that such transaction must be established and performed by or with đá bóng trực tiếp consent of đá bóng trực tiếp representative of that person, except for đá bóng trực tiếp cases prescribed in Clause 2 of this Article.

2. A civil transaction of a person prescribed in Clause 1 of this Article shall not be invalid in any of đá bóng trực tiếp following cases:

a) đá bóng trực tiếp civil transaction of a child less than 6 years of age or a legally incapacitated person established for his/her daily needs;

b) đá bóng trực tiếp civil transaction only either arising rights or exempting from obligations for đá bóng trực tiếp minor, đá bóng trực tiếp legally incapacitated person, đá bóng trực tiếp person with limited cognition and behavior control, đá bóng trực tiếp person with limited legal capacity and their contracting parties;

c) đá bóng trực tiếp civil transaction of which validity is recognized by đá bóng trực tiếp person established such transaction that become an adult or restore his/her legal capacity.

Because a phone transaction is not considered a transaction to meet đá bóng trực tiếp daily essential needs of a person under 14 years old, parents can request that this transaction be declared invalid.

When a civil transaction is declared invalid, đá bóng trực tiếp two parties will refund what they received during đá bóng trực tiếp purchase and sale process, as stipulated in Article 131 of đá bóng trực tiếpxem bóng đá trực.

Best regards!

Do Minh Hieu
179

Key word: lucky money | minor | phone | transaction |

PleaseLoginto be able to download
Login

Parent company: THU VIEN PHAP LUAT Ltd
Editorial Director: Mr. Bui Tuong Vu - Tel. (028) 7302 2286
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;