Minors have the right to carry out minor household transactions. Small household transactions: concept and legal advice

Which transaction is petty by virtue of the law. The amount of a small household transaction is ...

Quite often in the Civil Code of the Russian Federation and other legislative acts, the term "small household transactions" is encountered. However, this term does not have a legal definition, which sometimes causes problems in its interpretation by both law enforcers and lawyers or ordinary citizens.

A small deal is an appraisal concept. Most often, this term is used in relation to contracts concluded by minors, since by virtue of paragraph 2 of Art. 28 of the Civil Code of the Russian Federation, having reached a certain age, they receive the right to conclude them, without having at the same time the authority to make large transactions. If a small transaction is made by a child who does not have the right to do so, that is, who has not achieved legal capacity, it is recognized as null and void with all the ensuing consequences.

In practice, small transactions are those that are concluded by minors using the parents' or their own cash, if their price is insignificant and the purchased items are household items.

At the same time, everyday things are called things that satisfy the everyday needs of the child: notebooks, food, textbooks, etc.

For small household transactions, the following features are characteristic:

The insignificant price of the purchased item. It should be borne in mind that the criterion of insignificance is of an evaluative nature: families have different levels of income, children have different levels of maturity. Accordingly, it is necessary to build on generally accepted dogmas or social attitudes and the minimum wage when deciding what is expensive and what is cheap.
The everyday nature of the transaction. The purchased item must satisfy the daily needs of the child for food, clothing, education, etc.
Correspondence of the transaction price to the age and developmental level of the child. In most cases, the type of agreement under consideration is concluded either on behalf of the parents or with their permission. At the same time, the child must understand what he is buying, what money is, be able to determine the price of things, and count.

Thus, in order to understand whether a minor can conclude a small deal, it is necessary to take into account not only his age, but also his physical, social, and spiritual development.

At what age minor household transactions are minors entitled to

The answer to this question is contained in sub. 1 p. 2 art. 28 of the Civil Code of the Russian Federation. By virtue of this rule, small transactions can be made by children from the age of 6.

According to sub. 4 p. 2 art. 26 of the Civil Code of the Russian Federation, children who have turned 14 years old also have the right to commit them, that is, such a right is not lost with age.

Don't know your rights?

If the child is less than 6 years old, he has no right to conclude small transactions, and if he does, they are considered null and void. Moreover, such a transaction is void a priori, that is, no additional litigation is required on this issue. However, in order to apply the consequences of nullity, the child's legal representatives must go to court. More details about this are described in our article "A void transaction: concept, types, consequences".

Examples of transactions that children from 6 years of age can make

Examples of small household transactions are a visual opportunity to understand which contracts can be entered into by young children and which cannot. Let's look at the most common conventions:

Donation. For example, a 13-year-old boy Ivan decided to give his friend a toy dump truck "Whirlwind", the cost of which is 3,500 rubles. The right to make small household transactions begins at the age of 6; formally, this is a small transaction. However, by virtue of sub. 1 p. 1 of Art. 575 of the Civil Code of the Russian Federation giving gifts to minors worth more than 3,000 rubles. forbidden. Accordingly, the legislator implies that the donation of toys, including the aforementioned Vikhr dump truck, worth over 3,000 rubles. minors - a worthless deal.
Purchase and sale. A 12-year-old boy Ivan came to a grocery store, where his parents sent him, having issued 1,000 rubles for purchases. Having chosen food products for the amount received from his parents, the boy went to the checkout. The seller told him that the boy was still small, so he would not sell him any food. In this situation, the assessment of the legality of the seller's actions must be carried out through the prism of the above criteria for a small transaction:
- the price of the transaction is moderate, within the framework of the average check of a "trip" to the store;
- products purchased for household purposes;
- the child's age is 12, that is, he already knows how to read and count, understands what money is.
An analysis of all these factors allows us to conclude that the seller's actions are illegal.
Mena. Children - Ivan and Alexey, both 7 years old - have exchanged toys. The price of toys is 10,000 rubles. If we evaluate such an exchange agreement according to the criteria we set out at the beginning of the article, the transaction will not be considered a small household deal due to the high cost of toys and the young age of children. Accordingly, it is insignificant, the children must return the toys to each other. If the price of toys is insignificant, then such an exchange may well be recognized as legal. However, it is necessary to take into account the physical and mental development of each individual child, as well as his age.

At what age does the right to make large transactions come

A major transaction is any agreement that does not meet the criteria for a small transaction, as well as any transaction that requires notarization, state registration, the subject of which is real estate.

As follows from Art. 26, 28 of the Civil Code of the Russian Federation, children have different levels of legal capacity, depending on age. There are young children - their age is from 6 to 14 years old, there are other minors - from 14 to 18 years old. Minors cannot make major transactions (parents do it for them by virtue of clause 1 of Art. 28 of the Civil Code of the Russian Federation), while children from 14 to 18 years old can.

However, the latter is possible only in cases where:

consent has been obtained from legal representatives;
received subsequent approval from legal representatives;
they are the authors of works of science, art, inventions, they receive income from this, which they can use at their discretion;
they have invested personal funds as a contribution and receive income from this, which they have the right to dispose of;
they work and receive income, which they have the right to dispose of at their own discretion.

So, the main criteria for a small transaction are the low price of the contract, its everyday nature, the compliance of the transaction with the child's developmental level (if he acts as at least one of the parties). You can make small household transactions from the age of 6. Their conclusion with persons of a younger age is illegal.

Children from 14 to 18 years old can, in addition to these transactions, exercise copyright, open bank deposits and dispose of their income. They will need parental consent to complete other transactions. Transactions that could be made by children under 6 years old are not provided for by law.

Note!

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Requirements for transactions made by minors

The special legal status of minors is associated with the limitation of their legal capacity, which, as a rule, arises in full with the onset of majority (upon reaching the age of 18). Exceptions are cases of acquiring full legal capacity upon marriage before reaching 18 years of age or declaring a minor who has reached 16 years of age fully capable (emancipation) (clauses 1, 2, article 21, clause 1, article 27 of the Civil Code of the Russian Federation).

Requirements for transactions made by minors are determined based on the limitation of legal capacity depending on age (up to 14 years old or from 14 to 18 years old).

So, for minors under the age of 14 (minors), most transactions can be made on their behalf only by their parents, adoptive parents or guardians. At the same time, property responsibility for such transactions, as well as for transactions made by minors independently, shall be borne by their parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs. In addition, these persons are responsible for harm caused by minors (clauses 1, 3, Article 28 of the Civil Code of the Russian Federation).

Note!

Giving on behalf of minors, with the exception of ordinary gifts worth not more than 3,000 rubles, is prohibited (subparagraph 1 of paragraph 1 of article 575 of the Civil Code of the Russian Federation).

Minors between the ages of 14 and 18 can make transactions with the written consent of their parents, adoptive parents or guardians (including with their subsequent written approval of the transaction). The exception is transactions that may be made by minors on their own. Minors of the specified age group independently bear property liability for transactions made by them (both independently and with the consent of legal representatives), and are responsible for the harm caused by them (clause 1, 3, article 26 of the Civil Code of the Russian Federation).

If guardianship (for minors) or guardianship (for children between the ages of 14 and 18) is established over minors, in order to carry out transactions related to the disposal of their property, it is necessary to obtain the prior permission (consent) of the guardianship and guardianship authority. This rule applies to transactions for the alienation of the ward's property, renting it out (for rent), for free use or as a pledge, for transactions entailing the abandonment of the ward's rights, the division of his property or the separation of shares from it, as well as any other actions, entailing a decrease in the property of the ward.

The guardian, trustee, their spouses and close relatives are not entitled to make transactions with the ward, except for the transfer of property to him as a gift or for free use. Also, these persons cannot represent the ward when concluding transactions between him and the spouse of the guardian or trustee and their close relatives (clause 1 of article 32, clause 1 of article 33, clause 2, 3 of article 37 of the Civil Code of the Russian Federation).

A special rule is also established in relation to transactions for the alienation of immovable property belonging to a minor: such transactions are subject to compulsory notarization, regardless of the age of the minor. At the same time, non-compliance with the notarial form of the transaction entails its nullity (subparagraph 1, paragraph 2, paragraph 3 of article 163 of the Civil Code of the Russian Federation; part 2 of article 54 of the Law of 13.07.2015 N 218-FZ).

Transactions that minors can make on their own

Depending on their age, minors from 6 to 18 years old can make separate transactions on their own. Transactions that could independently be made by minors under the age of 6 are not provided for by law.

Minors between the ages of 6 and 14 have the right to independently conclude the following transactions (clause 2 of article 28 of the Civil Code of the Russian Federation):

small household transactions (for example, buying groceries or inexpensive toys);
transactions aimed at obtaining free benefits that do not require notarization or state registration (for example, receiving a gift of movable property);
transactions for the disposal of funds provided by a legal representative or with his consent by a third party for a specific purpose or for free disposal.

Minors between the ages of 14 and 18, in addition to these transactions, have the right independently, without the consent of their legal representatives (clause 2 of article 26 of the Civil Code of the Russian Federation):

to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
make deposits in credit institutions and dispose of them;
dispose of their earnings, scholarships and other income.

Note: The court, at the request of legal representatives or the guardianship and guardianship body, if there are sufficient grounds, may limit or deprive the minor of the above right (cl.

What transactions can minors make?

4 tbsp. 26 of the Civil Code of the Russian Federation).

Consequences of transactions by minors that they are not entitled to make on their own

A transaction made by a minor (with the exception of transactions that he has the right to make on his own) is void. Each of the parties to such a transaction is obliged to return to the other everything received in kind, and if it is impossible to reimburse its value. In addition, if the other party to the transaction is a legally capable person who knows that he is entering into a transaction with a minor, such a person is obliged to compensate the minor for actual damage. At the same time, at the request of the parents, adoptive parents or guardian of the minor, the court may recognize the transaction as valid if it was made to the benefit of the child (clause 1 of article 171, article 172 of the Civil Code of the Russian Federation).

A transaction made by a minor between the ages of 14 and 18 without the consent of his legal representative, in cases where such consent is required, is voidable and may be declared invalid by the court at the suit of the legal representative. The consequences of recognizing such a transaction as invalid are the same as those indicated above when the transaction is made by a minor (Article 175 of the Civil Code of the Russian Federation).

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The limited legal capacity of minors and their age determine the requirements for the transactions they make and the ability to make them independently. So, children from 6 to 14 years old have the right, for example, to buy inexpensive toys, to receive movable property as a gift. The rest of the transactions on their behalf are made by the parents. Children from 14 to 18 years old can, in addition to these transactions, exercise copyright, open bank deposits and dispose of their income. They will need parental consent to complete other transactions. Transactions that could be made by children under 6 years old are not provided for by law.

Requirements for transactions made by minors

The special legal status of minors is associated with the limitation of their legal capacity, which, as a rule, arises in full with the onset of majority (upon reaching the age of 18). The exceptions are cases of acquiring full legal capacity upon marriage before reaching 18 years of age or declaring a minor who has reached 16 years of age fully capable (emancipation) (clauses 1, 2, Art.

IMPLEMENTATION OF SMALL HOUSEHOLD TRANSACTIONS BY MINORS

21, paragraph 1 of Art. 27 of the Civil Code of the Russian Federation).

Requirements for transactions made by minors are determined based on the limitation of legal capacity depending on age (up to 14 years old or from 14 to 18 years old).

Note!

Transactions that minors can make on their own

Minors between the ages of 6 and 14 have the right to independently conclude the following transactions (clause 2 of article 28 of the Civil Code of the Russian Federation):

small household transactions (for example, buying groceries or inexpensive toys);
transactions aimed at obtaining free benefits that do not require notarization or state registration (for example, receiving a gift of movable property);
transactions for the disposal of funds provided by a legal representative or with his consent by a third party for a specific purpose or for free disposal.

to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
make deposits in credit institutions and dispose of them;
dispose of their earnings, scholarships and other income.

Note: The court, at the request of legal representatives or the guardianship and guardianship authority, if there are sufficient grounds, may limit or deprive a minor of the above right (clause 4 of article 26 of the Civil Code of the Russian Federation).

Consequences of transactions by minors that they are not entitled to make on their own

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The limited legal capacity of minors and their age determine the requirements for the transactions they make and the ability to make them independently.

An error occurred.

So, children from 6 to 14 years old have the right, for example, to buy inexpensive toys, to receive movable property as a gift. The rest of the transactions on their behalf are made by the parents. Children from 14 to 18 years old can, in addition to these transactions, exercise copyright, open bank deposits and dispose of their income. They will need parental consent to complete other transactions. Transactions that could be made by children under 6 years old are not provided for by law.

Requirements for transactions made by minors

Requirements for transactions made by minors are determined based on the limitation of legal capacity depending on age (up to 14 years old or from 14 to 18 years old).

Note!

Transactions that minors can make on their own

Minors between the ages of 6 and 14 have the right to independently conclude the following transactions (clause 2 of article 28 of the Civil Code of the Russian Federation):

small household transactions (for example, buying groceries or inexpensive toys);
transactions aimed at obtaining free benefits that do not require notarization or state registration (for example, receiving a gift of movable property);
transactions for the disposal of funds provided by a legal representative or with his consent by a third party for a specific purpose or for free disposal.

to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
make deposits in credit institutions and dispose of them;
dispose of their earnings, scholarships and other income.

Consequences of transactions by minors that they are not entitled to make on their own

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Small household transactions

The current legislation associates the emergence of a number of rights and obligations of a citizen with the attainment of a certain age.

Article 26 of the Civil Code of the Russian Federation is devoted to the issues of the legal capacity of persons under the age of eighteen, that is, their ability as a result of their actions to acquire and exercise rights and obligations.

As a general rule, citizens between the ages of 14 and 18 can participate in transactions only with written approval from their legal representatives, parents, adoptive parents, and guardians.

The concept of a transaction in this case covers the whole variety of civil contracts, both specialized and mixed.

However, the law provides some relief for the category of minors who have overcome the age limit for minors and are between the ages of 14 and 18.

Minors of the specified age range have the right to independently make the following decisions:

on the disposal of your own scholarship, earned money and any kind of income
on the exercise of copyright
on making and managing deposits with credit institutions
commit small household transactions

We are interested in the last point, namely, what the law means by small household transactions.

The current legislation does not contain an unambiguous definition of this concept. Therefore, in the legal literature, there are recommendations for classifying a transaction as a small household transaction for a number of features.

The deal is household if a citizen enters it in order to satisfy his own personal, family or consumer needs. It is understood that a transaction made by a citizen with the aim of further making a profit is commercial, and cannot be classified as a household one.

Thus, household transactions fall under the regulation of consumer protection law.

But not every consumer transaction is a household one. So, the law on consumer protection regulates bank deposit agreements, shared construction, and others that require significant financial investments.

Therefore, it is important to determine which trade is shallow.

Indeed, in civil circulation it is not customary to operate with large sums of money in cash. From the point of view of safety, security of funds, avoidance of fraud, many citizens prefer to settle large purchases by non-cash payments.

Payments of wages to the card are becoming more common, and citizens cash out the transferred funds in installments, as needed. Thus, they divide a significant amount (monthly earnings) into smaller ones, necessary to meet their immediate needs.

The cash settlement criterion for a small household transaction perfectly matches the portrait of a minor citizen who, due to his age, does not have a bank card.

Some suggest considering a small amount as an additional sign of a small transaction.

But the concept is small too vague, and may differ in the subjective perception of different citizens.

Therefore, it seems to me that the position of the authors who propose to evaluate the value of the transaction according to its significance for a minor, taking into account his psycho-emotional development, the level of income in the family and the correspondence of the subject of the transaction to daily household needs, seems to be more correct.

It is clear that it is difficult to formalize the level of insignificant prices for different segments of the population with different incomes.

In this regard, the question of whether the transaction is a small household will have to be decided individually.

I believe that small household transactions will have the following general characteristics:

the transaction price is insignificant (shallow) for its participant
the transaction is aimed at meeting the household needs of its participant and does not require significant psycho-emotional efforts to complete it, that is, it is ordinary, everyday
the small price of the transaction and its purpose correspond to the age and mental development of its participant. That is, the completion of such a transaction does not require special knowledge or the participation of a consultant.
the actual execution of the transaction must take place immediately upon its completion and cannot be delayed or extended in time.

Of course, small household transactions must comply with the special requirements of the law. So there are categories of goods that are prohibited from selling to minors, like alcoholic drinks or cigarettes.

Paid and gratuitous transactions between legal entities in 2018

A transaction directly prohibited by law cannot be recognized as a small household transaction. Actually, such transactions meet the criteria of nullity.

I hope that over time, small household transactions will be formalized in the law and will receive an unambiguous interpretation.

In writing this text, an article by N.V. Rostovtseva On the legal capacity of minors, Civil Law 2012, No. 2.

I remind you that you can still ask me questions, get advice here.

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Requirements for transactions made by minors

3. Incomplete (partial) legal capacity

1, 2 tbsp. 21, paragraph 1 of Art. 27 of the Civil Code of the Russian Federation).

Requirements for transactions made by minors are determined based on the limitation of legal capacity depending on age (up to 14 years old or from 14 to 18 years old).

Note!

Transactions that minors can make on their own

Minors between the ages of 6 and 14 have the right to independently conclude the following transactions (clause 2 of article 28 of the Civil Code of the Russian Federation):

small household transactions (for example, buying groceries or inexpensive toys);
transactions aimed at obtaining free benefits that do not require notarization or state registration (for example, receiving a gift of movable property);
transactions for the disposal of funds provided by a legal representative or with his consent by a third party for a specific purpose or for free disposal.

to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
make deposits in credit institutions and dispose of them;
dispose of their earnings, scholarships and other income.

Consequences of transactions by minors that they are not entitled to make on their own

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The Civil Code of the Russian Federation provides for clause 2 of Art. 28 that minors between the ages of six and fourteen have the right to independently engage in minor household transactions. These subjects have limited legal capacity and are called minors. Persons who are not yet six years old are not entitled to make transactions.

The legislation does not provide an explanation of the definition of "small household transaction", but the concept already contains two main features. First, it is a small (insignificant) transaction. Secondly, there must be a household character (part of a person's physical and social life, including the satisfaction of spiritual and material needs such as food, clothing, housing in order to protect themselves from the adverse effects of the environment). If we consider the spiritual sphere, then this is the need for communication, rest, entertainment, etc. A minor can carry out various small household transactions. For example, shopping for food, school supplies, toys, etc.

So, a small household transaction means that it is "usual for the established way of life of a person." The Federal Law of 07.02.1992 "On Protection of Consumer Rights" regulates the relationship between a consumer and a citizen who intends to order or purchase or ordering, purchasing or using goods (works, services) exclusively for personal, family, household and other needs not related to implementation entrepreneurial activity.

In Art. 28 of the Civil Code of the Russian Federation specifies the type of actions of minors aimed at gratuitous satisfaction of needs - obtaining benefits. At the same time, the law establishes certain requirements. First of all, transactions should not provide for state registration or notarization. For some contracts, these procedures are directly established by law. In particular, real estate transactions are subject to state registration. A donation agreement is considered to be free of charge. If an immovable object is transferred, then registration is required. The donation of a vehicle is carried out without following this procedure. Vehicle registration is of a technical nature and has an accounting value. Ownership appears to the recipient in accordance with the contract at the time of transfer of the transport. From this we can conclude that the child may well accept or donate a car. But the fact of the independent conclusion of such an agreement by minors raises doubts. Notarial certification is provided for in the agreement of the parties, while it may not be established by law for specific transactions. As for the ability to dispose of funds provided by a legal representative or a third party with his consent, they do not have much practical value. This circumstance is due to the fact that spending money in such cases can be carried out exclusively within the framework of small transactions.

Thus, a small household transaction is understood as a transaction made with the aim of satisfying the personal ordinary (constant, daily) needs of a citizen. The main distinguishing feature is that the household purpose of the transaction must correspond to the age and personal needs of the minor. Every day, a child can perform ordinary phenomena, which would mean the concept of a household transaction, these include the use of transport, spiritual services. The rest of the transactions aimed at meeting the family, home needs of the minor and his family members go beyond the household and are made in accordance with another provision of Art. 28 of the Civil Code of the Russian Federation.

At present, it is more difficult to define a household transaction as “small” than to define its everyday character. The "transaction price" depends on the age of the minor and the importance of awareness of the action he is committing, and not on the degree of the family's material condition. A transaction is considered a small household transaction if it, taking into account the age, material level of the family where the minor lives, satisfies the household needs of the person corresponding to his physical, spiritual and social development, and concerns an item of insignificant value. At the moment, there are many opinions on how to fix the maximum amount (establish its boundaries) for a small household transaction and accordingly amend paragraph 1 of paragraph 2 of Art. 28 of the Civil Code of the Russian Federation. This position is due to the fact that the constituent difference in the income of the population plays a significant role, depending on the size of the amount, a small household transaction is carried out.

The court must determine the minimum amount depending on the specific circumstances of the case and the material condition of the participants in these legal relations. But none of the proposals to establish a specific amount in the law or to establish it as a percentage of the parents' earnings has nothing to do with the meaning of the rule, which is the basis of the legislation: insignificance means that for a given minor, taking into account his degree of development, the level of awareness of the importance the action committed by him, the court in each specific case is obliged to make its own decision on whether for a particular minor the transaction is petty, that is, small in accordance with the amount, or not.

Initially, the parents directly assess the deal for its compliance with the petty household. This assessment is made during the period when the child is given a specific amount of money. If the child makes a transaction, in the opinion of the parents, it goes beyond the limits of a small household transaction, then they have the right to apply to the court with a claim to apply the consequences of the invalidity of a void transaction. Item 2, Art. 166 of the Civil Code of the Russian Federation: a claim on the application of the consequences of the invalidity of a void transaction may be presented by any interested person specified in the law. The court has the right to apply such consequences on its own initiative.

In the interests of the minor, the transaction that was carried out by him may be recognized as valid. This takes place if the court finds that it was carried out for the benefit of a person with limited legal capacity. For the harm that was caused to the minor, his legal representatives are responsible, if they do not prove that they are not guilty of causing the damage.

If the guardianship or trusteeship authorities have established (a minor made a purchase, for example, an expensive piece of jewelry) that the minor has made a minor household transaction that does not comply with the law, and his guardians (guardian, parents) do not take any action to be sued. persons (i.e. parents) encouraging the actions of the ward, are regarded as raising a child, their failure to fulfill their duties.

The court takes into account, in the case (claim), age, level of development and establish a transaction, made a minor, and take on the article of the Civil Code of the Russian Federation. two directions:

The court is a household transaction, in accordance with paragraph 3 of Art. 172 of the Civil Code of the Russian Federation about it will not apply;

If it was different, in no way small household, then from this one everything received without exception should be different, but if you return what was received in kind, then the value in money. the party owes, this, the damage suffered by it to the party, if the party or should have been about the other (3 article 171 of the Civil Code of the Russian Federation).

In and there was another concept. Under the household transaction is meant a transaction that is on the ordinary, needs of the minor or his family, and usually when it is made.

Thus, when the transaction is as small, it follows three criteria, allowing you to determine the transaction. So, in the queue of the operation, there can be either a service that meets the personal needs of the purchaser. addition, household products are made with age. So, at 16, it is unlikely about an exclusive kitchen service, but with the likelihood of a gym membership for teenagers.

For the effectiveness of legal regulation with minors, at the legislative level, it should be taken into the following concept: a household transaction is a transaction for personal needs, corresponding to the age of a minor, and, as a rule, executed in its commission.

According to the rule, all transactions, at their very execution, are made orally, for transactions for which the notarial form, and transactions, the simple written of which is them (clause 2 of article 159 of the Civil Code of the Russian Federation). This provision promotes civil turnover, facilitates the participation and persons not full of civil legal capacity in legal relations. forms of contracts, such as retail purchase and sale, passenger transport, rental, etc., not from special and skills in their design. It is considered that the minor is a small transaction at the expense of funds provided by the parents (their substitutes). A.E. believes that "small household transactions will be for both the child and his legal representative." representatives to give the minor a certain amount of funds that, for example, were presented to him or by inheritance, but they have in "custody". But the interpretation of Art. 28 of the Civil Code of the Russian Federation to the fact that the money of the minor is legal on his behalf.

It can be stated that it all comes down to minor minor transactions that are executed at the time of the commission and do not require the preparation of a document by the parties.

At the time, funds in families are already the norm. As a rule, their limits are not reasonable. There are situations when a minor is a banking parent. Such situations are inadequate for children. until the age of 14 does not understand where is permitted. Accordingly, he may, even unconsciously, property damage to the family. in such a way you can adults. But they must also clearly assess the situation.

Bibliography:

Solution in a civil case

Case No. 2-205 / 2013

SOLUTION

In the name of the Russian Federation

The court consisted of: the magistrate of the judicial district No. 4 g. Sarov Nizhny Novgorod region Oh.The. Petrova, Acting Justice of the Peace of Court District No. 1 of Sarov, Nizhny Novgorod Region,

with the participation of plaintiff Tarasova C.The., defendant SP Piskunov V.N.,

under the secretary I.V. Shukshina,

Having considered in an open court session in the premises of the court district No. 4 of Sarov, Nizhny Novgorod region, a civil case at the suit of Tarasova, Tarasov, acting in their own interests and in the interests of their minor daughter, against the individual entrepreneur Piskunov on recognizing the sale and purchase agreement as invalid and applying the consequences of the invalidity of the agreement ,

INSTALLED:

Plaintiffs Tarasova C.The., Tarasov I.B., acting in their own interests and in the interests of their minor daughter, filed a lawsuit against the individual entrepreneur Piskunov V.N. on recognizing the contract of sale as invalid and applying the consequences of the invalidity of the contract, indicating that on April 24, 2012, their daughter was born, in the shop of IE Piskunova V.N. "" Bought a game console iconBIT Xfire 550 DV worth 4 400, 00 rubles. Earlier, their family raised the question of purchasing such a toy for their daughter - a game console, but a different model, with different functionality. For this reason, in the evening of the same day, having learned about the purchase made by their daughter, they turned to the defendant's store with a demand to terminate the purchase and sale agreement, referring to the fact that the transaction was made by a minor child, with which they, as parents, do not agree. In their presence, the shop clerk called the defendant and passed on their demand. As a result of the conversation between the store seller and the defendant, the plaintiffs were denied termination of the purchase and sale agreement and the return of funds in the amount of RUB 4,400.00. April 25, 2012 the name of the individual entrepreneur Piskunov V.N. The plaintiffs sent a claim by mail to the store "" with a demand to return the money for the game console. Receive a claim on hands with the subsequent transfer to the SP Piskunov V.N. the shop assistant refused. For the services of the Federal State Unitary Enterprise “Russian Post” sent to the defendant by a registered letter with notification, the plaintiffs paid 45, 15 rubles (2, 50 rubles (cost of an envelope) + 42, 65 rubles (postage) = 45, 15 rubles. ). Until now, a written response from the defendant to the plaintiffs has not been received, moreover, according to the postman, the store "" refused to receive the claim sent by them. They did not use the game console bought by their daughter. They ask to invalidate the contract of sale and purchase of the iconBIT Xfire 550 DV game console from, concluded between and IP Piskunov V.N.; apply the consequences of the invalidity of the contract: transfer to the ownership of the individual entrepreneur Piskunov V.N. game console iconBIT Xfire 550 DV; recover from SP Piskunova V.N. in their favor the cost of a game console in the amount of RUB 4,400.00, postage costs in the amount of RUB 45, 15, legal fees in the amount of RUB 2,500.00, costs of paying a state fee in the amount of RUB 400.00 ...

At the hearing, the plaintiff Tarasova S.V., acting in her own interests and in the interests of her minor daughter, supported the claims in full, gave explanations on the merits of the claim, the cost of the game console, and asked to recover legal costs from the defendant in favor of the plaintiffs in equal shares.

Defendant Tarasov I.B., acting in his own interests and in the interests of his minor daughter, did not appear at the hearing, submitted a written application with a request to consider the civil case in his absence, insists on satisfying the claim.

Defendant SP Piskunov V.N. in the court session he admitted the claims in part, indicating that he agreed with the claims for the recognition of the contract for the sale and purchase of the game console, for the claimants of the cost of the game console, however, since the claim of 25.04.2012 was not received by him by mail, considered unreasonable to recover from him the costs of paying for legal services, postage and costs of paying the state fee.

Under the above circumstances, by virtue of Part 5 of Art. the court considers it necessary to consider the civil case in the absence of the plaintiff Tarasova AND.B.

After hearing the persons participating in the case, examining the materials of the civil case, establishing legally significant circumstances in the case, evaluating the evidence collected in the case in their totality in accordance with Art. , the court comes to the following.

The court found that Piskunov The.N. is an individual entrepreneur, which is confirmed by an extract from the USRIP from

Between a minor, birth (11 years old), and Piskunov V.N. a sale and purchase agreement was concluded for the iconBIT Xfire 550 DV game console worth 4,400 rubles, which is confirmed by a warranty card, a sales receipt from.

As follows from the arguments of the plaintiffs, not contested by the defendant, the plaintiffs did not give their consent to the minor to conclude a transaction for the sale and purchase of this iconBIT Xfire 550 DV game console worth 4,400 rubles, including not giving consent to the sole disposal of those in her custody monetary funds, since an agreement on a specific modification and functionality of the game console between the plaintiffs and their daughter was not reached, and the game console purchased by the child did not fully meet the requirements for the goods presented by the plaintiffs.

This circumstance was not disputed by the defendant.

In connection with the above 25.04.2012 the plaintiffs turned to the defendant SP Piskunov V.N. with a written claim demanding to terminate the purchase and sale agreement, referring to the fact that the transaction was made by a minor child, with which they, as parents, do not agree.

A capable party is obliged, in addition, to compensate the other party for the actual damage suffered by it, if the capable party knew or should have known about the incapacity of the other party (paragraph 3, clause 1 of Art.).

Real damage means expenses that a person whose right has been violated has made or will have to make in order to restore the violated right, loss or damage to his property (Art.).

At the same time, based on the nature of the relevant transaction, as null and void, given that in this case the transaction is invalid from the moment of its completion, regardless of whether it is recognized as such by the court (paragraph 1 of Article of the Civil Code of the Russian Federation), the transaction has no legal force from the moment of its completion, does not creates any rights and obligations both for the parties to the transaction and for third parties.

Under the aforementioned circumstances, the court concludes that the claims made by the plaintiffs are justified and supported by the evidence at the court's disposal, whereby the claims for invalidating the contract of sale of the iconBIT Xfire 550 DV game console from, concluded between and IE Piskunov V.N. .; application of the consequences of the invalidity of the contract: collection from the individual entrepreneur Piskunov V.N. in favor of S.V. Tarasova and Tarasova I.B. in equal shares of the paid value of the game console in the amount of RUB 4,400.00, are subject to full satisfaction.

Thus, taking into account the factual circumstances established in this case and the cited legal norms, the stated claims are subject to satisfaction.

By virtue of Art. to the party in whose favor the decision was made, the court awards the other party to reimburse all legal costs incurred in the case in proportion to the satisfied claims.

The court includes the costs of paying for legal services in the amount of 2,500, 00 rubles, costs of paying for postal services in the amount of 45, 15 rubles, costs of paying the state fee in the amount of 400 , 00 rub.

The court finds these costs documented, reasonable, justified and incurred by the plaintiffs in connection with the consideration of this civil case.

In support of the stated objections, the defendant indicates that the defendant did not receive a written claim from the plaintiffs dated April 25, 2012. Meanwhile, this circumstance has no legal significance for the dispute under consideration, given that this category of cases does not provide for a mandatory pre-trial procedure for resolving the dispute. The claim of 25.04.2012 was sent by the plaintiff Tarasova C.The. at the address of the defendant, indicated by him in the stamp on the warranty card: Sarov, st. ... The defendant did not provide evidence that the defendant provided the plaintiffs with other information about his location / residence.

Guided by Art. - , world judge

DECIDED:

The claims of Tarasova, Tarasov, acting in their own interests and in the interests of the minor daughter, satisfy.

To invalidate the contract-sale of the game console iconBIT Xfire 550 DV from, concluded between and IP Piskunov.

Collect from SP Piskunov in favor of Tarasova a sum of 2 200, 00 rubles. on account of the return of the paid cost of the iconBIT Xfire 550 DV game console, postage in the amount of 22.57 rubles, the cost of paying for legal services in the amount of 1,250.00 rubles, the cost of paying the state fee in the amount of 200.00 rubles, and only 3 672, 57 rubles.

Collect from SP Piskunov in favor of Tarasov a sum of money in the amount of RUB 2,200.00. on account of the return of the paid cost of the iconBIT Xfire 550 DV game console, postage in the amount of 22.57 rubles, the cost of paying for legal services in the amount of 1,250.00 rubles, the cost of paying the state fee in the amount of 200.00 rubles, and only 3 672, 57 rubles.

Judicial practice on the application of the norm of Art. 167 of the Civil Code of the Russian Federation

Compensation for damages

Judicial practice on the application of the norm of Art. 15 of the Civil Code of the Russian Federation

In Art. 26 of the Civil Code of the Russian Federation defines the limits of legal capacity of persons aged 14-18. Minors can independently dispose of their income (earnings, scholarships). They can exercise the author's rights to a work of literature, science, art, invention or other product of their own. They are allowed to make contributions to credit and financial structures. In addition, persons 14-18 years old can carry out small household transactions, amount which should not be higher than the limits established in the norms. They are provided for by clause 2 of Art. 28 of the Code.

Having reached the age of 16, minors can become members of cooperatives, in accordance with the legislation governing the activities of these associations. To carry out other legally significant actions, persons with limited legal capacity must obtain the written consent of their legal representatives. In accordance with Art. 26 of the Civil Code of the Russian Federation, persons 14-18 years old are responsible for actions carried out by them in accordance with paragraphs 1 and 2. For harm caused by them, the legislation provides for punishment.

Specificity of partial legal capacity

The lower limit of the age from which a person can make transactions in Russia is 6 years. This threshold is different in different countries. For example, in Armenia, Czech Republic, Uzbekistan, it is the same as in Russia. In Turkmenistan, Estonia, Azerbaijan - 7, and in Costa Rica - 15 years. Accordingly, up to the specified limit, legal representatives are responsible for all actions of the child - parents / guardians, adoptive parents.

Small household deal

The Civil Code of the Russian Federation provides for certain legal opportunities for persons 6-14 years old. These subjects have limited legal capacity and are called minors. Persons under six years old do not. The general procedure for the implementation of legal opportunities by minors is defined in Art. 28 of the Code. Clause 2 of the rule states that these entities can make transactions:

The Code does not explicitly define what is small household deal. This the concept, however, is often used in judicial practice and legal publications. In the process of applying the category, its signs were derived. First of all, the criterion by which it is determined small household transaction is the age of the subject. The financial condition of the family as a whole does not matter. Second criterion. The maximum size is 5 minimum wages (by analogy with Art. 575 of the Code). The third criterion to be met small household transaction is no harm to the normal development and health of the child. In practice, other signs are also used. The juvenile can exercise different small household transactions. Examples of: Shopping for groceries, school supplies, toys, etc.

Clarifications

In Art. 28 specifies the type of actions of minors aimed at gratuitous - obtaining benefits. At the same time, the law establishes certain requirements. First of all, transactions should not provide for state registration or notarization. For some contracts, these procedures are directly established by law. In particular, real estate transactions are subject to state registration. It is considered free of charge. If an immovable object is transferred, then registration is required. The donation of a vehicle is carried out without following this procedure. Registration of a vehicle is of a technical nature and has an accounting value. Ownership appears to the recipient in accordance with the contract at the time of transfer of the transport. From this we can conclude that the child may well accept or, however, the fact of the independent conclusion of such an agreement by the minors raises doubts. Notarial certification is provided for in the agreement of the parties, while it may not be established by law for specific transactions. As for the ability to dispose of funds provided by a legal representative or a third party with his consent, they do not have much practical value. This circumstance is due to the fact that spending money in such cases can be carried out exclusively within the framework of small transactions.

Restrictions

In other articles of the Code, as well as in a number of federal laws, limits are established within which small household deal. This, in particular, the above-mentioned Art. 575. According to clause 1 of this provision, it is prohibited to donate, except for ordinary gifts, the value of which is less than 3 thousand rubles, on behalf of minors by legal representatives. From the meaning of the norm, the prohibition on the implementation of such actions by the minors themselves proceeds.

A responsibility

It is provided for in paragraph 3 of Art. 28 of the Code. In some cases, juveniles can be harmful. Adults are responsible for it. The provisions of Art. 28 are specified in Art. 172, as well as Art. 1073 of the Code. In particular, a transaction is considered void, except for a small one and others provided for in paragraph 2 of Art. 28, committed by a person up to 14 y. In this case, each party is obliged to return to the other everything that was received in kind. If this is not possible, then the participants will reimburse the value of things in money. In addition, the legally capable party compensates if it was or could be aware of the other's incapacity.

Nuances

In the interests of the minor, the transaction that was made by him may be recognized as valid. This takes place if the court finds that it was carried out for the benefit of a person with limited legal capacity. For the harm that was caused to the minor, his legal representatives are responsible, if they do not prove that they are not guilty of causing the damage.

Arbitrage practice

If a minor was placed in an organization for orphans and left without parental care, this institution must compensate for the harm that was caused by the child, if it does not prove that it was not his fault. If the damage was caused during the period when a citizen under 14 years of age was under the temporary supervision of a medical, educational or other institution or the person who looked after him in accordance with the contract, these entities will be liable for it. Punishment will not be imposed only if these organizations prove that they are not guilty of the harm caused.

In one of the decisions of the Supreme Court in the case of compensation for the cost of purchasing drugs and moral damage caused by minors during their stay at school, it noted that the educational institution was obliged to exercise proper supervision over the child. Exemption from liability for the damage caused by the educational institution could be released if it could prove the absence of its fault. Then the question of involving parents would be raised. The Supreme Court ruled that the conclusions of the lower court, which made the legal representatives of the child responsible to compensate for the harm, were unlawful. The first instance, in particular, pointed out that the defendants (parents) could not prove that they were not guilty of improper upbringing of the child. Meanwhile, at the time of the occurrence of harm, the minor was under the supervision of the school. This, in turn, means that the responsibility lay with the institution.

An important point

The obligation of guardians, parents, adoptive parents, as well as medical, educational and other institutions to compensate for harm caused to minors does not stop when they reach the age of majority or receive property sufficient to compensate for the damage. If the legal representatives have died or do not have the necessary amount of funds to pay off the claims, while the causer himself has become capable and has the necessary amount available, taking into account the property status of the parties, the court may partially or completely shift the corresponding obligation to the causer.

In court practice, litigation in cases involving children making unjustified purchases is quite common. In such situations, it is far from always even the sellers themselves are able to assess the extent to which an action involving the expenditure of funds meets the needs of a minor. Therefore, responsibility in such cases is shifted to a greater extent to the guardians, parents, adoptive parents. Due to the fact that a small household transaction can already be carried out by a child at the age of six, experts recommend that legal representatives control the amount of cash at the disposal of a minor. As a rule, pocket money becomes the main source of funds. With each replenishment of savings, it is necessary to conduct conversations with the child about possible and acceptable acquisitions. Shopping shouldn't go beyond reasonable limits. Practice shows that a calm clarification of the situation can prevent many problems.

Conclusion

Nowadays, pocket money is the norm in many families. As a rule, their sum does not exceed reasonable limits. There are, however, situations when the parents' bank cards are at the disposal of the minor. Such situations occur in case of insufficient supervision of children. A child under 14 years old does not always understand where the limit is. Accordingly, he can, even unconsciously, cause significant property damage to the family. Only adults can be blamed for this situation. However, shop assistants should also be clear about the situation.