Question from BadclasQ, Is a Service Agreement Signed by a Minor in Turkey Without Parental Consent Valid?
Answer from AI:
In general, the law in many jurisdictions, including Turkey, considers individuals under the age of 18 to be minors. Minors are typically not legally capable of entering into binding contracts, including service agreements, without the consent of a parent or guardian. This is based on the principle of protecting minors from exploitation and ensuring they are not bound by agreements they may not fully understand.
Validity of the Contract
According to the Turkish Code of Obligations (Law No. 6098), a minor who has not reached the age of maturity (18 years old) cannot enter into a contract without the consent of their legal representative, usually a parent or guardian. If such consent is not given, the contract is generally considered voidable. This means that the contract can be cancelled by the minor or their legal representative.
Limitation of Liability Clause
The clause you mentioned, “Freelancer’s Limit of Liability: Freelancer is not liable for compensation or damages related to actual or potential loss of profits or commissions resulting from sales or anticipated sales,” is a common clause in many service agreements. It is designed to limit the liability of the freelancer in the event of a dispute. However, if the contract itself is not valid due to the minor’s lack of capacity to contract, this clause would also be considered invalid.
It is important to consult with a legal professional for personalized advice if you find yourself in a situation involving a contract with a minor. The information provided here is general in nature and may not apply to specific circumstances. A lawyer can provide guidance based on the specifics of the situation and the applicable laws.
For more information on the Turkish Code of Obligations and the legal capacity to enter into contracts, you can refer to the following resources: