Question from Jld, Can a Minor Cancel a Purchase Contract in Germany?
Answer from AI:
In Germany, the legal capacity of minors to enter into contracts is governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB). According to §104 BGB, a person who has not yet completed the age of 18 is considered a minor and is generally incapable of contracting. However, there are exceptions to this rule.
Contracts with Minors
According to §110 BGB, also known as the “pocket money paragraph”, a contract is effective if a minor performs an act with means that were given to him for this or a similar purpose. This means that if a minor uses money given to him by his parents to buy a computer, the contract is generally valid.
Right to Cancel
However, if a minor enters into a contract without the required consent of his legal representative (usually the parents), according to §108 BGB, the contract is voidable. This means that the minor or his legal representative can declare the contract void. In this case, the minor ordered a more expensive computer by mistake, and his parents agreed to cancel the contract. Therefore, the contract can be declared void.
The store cannot insist that the minor pay for the more expensive computer or the cheaper one he originally intended to order. Once the contract is declared void, the minor is obliged to return the computer, and the store is obliged to refund the money.
Please note: This is a general explanation based on the German Civil Code. The actual outcome might depend on specific circumstances. Therefore, it is recommended to consult with a legal professional for personalized advice.