国际商法_全套课件(英文)教材教学课件.ppt

* * Chapter10 -Contract law- (step 4)capacity of the parties  Court held: * * Chapter10 -Contract law- (step 4)capacity of the parties voidable contracts made by minors: If subject matter is of permanent and continuous nature ,these contracts are avoidable contracts. Voidable contract (可撤销合同) is a valid contract unless it is terminated by the minor unilaterally . e.g. purchase and lease of land,shares in a company and partnership. * * Chapter10 -Contract law- (step 4)capacity of the parties Void Contracts made by minors: The contracts ,which minors do not have capacity to enter into , are void so they have no binding force upon the minors. Eg: contracts for repayment of loan Eg: contracts for goods other than necessaries. * * Chapter10 -Contract law- (step 4)capacity of the parties A loan agreement made by minor is a void contract. A minor is not liable to repay the interests of a loan even the the loan involves purchase of necessaries for the minor’s daily life. see : Mercantile Union Guarantee Corp Ltd v Ball (1937)2K. B498 (next slides) * * Mercantile Union Guarantee Corp Ltd v Ball (1937) Facts: D. was a minor carrying on a business as a moving contractor, entered a hire-purchase loan agreement to buy a truck. He fell into arrears(欠款) and was sued Held: * * Short summary-The effectiveness of the contracts made by the minors Situations Legal effect Valid contract (1)Contracts for necessaries; (2)Contracts of service beneficial to the minor enforceable on both parties. Voidable contract purchase and lease of land and shares minor has right to terminate Void contract (1)contracts for repayment of loan;(2) contracts for goods other than necessaries no effect * * Chapter10 -Contract law- (step 4)capacity of the parties  Mentally unsound/intoxicated persons （神志不清者） Mentally unsound/intoxicated person is legally bound by the contract he has made unless he can prove that at the time of contracting , 1) he was suffer