An ordinary consumer of the market of goods and services does not even think about the possibility of making various purchases as such. This is a kind of immutable given, which is considered an inalienable right. However, this right is not given to everyone. At the very least, complete freedom of participation in market relations does not extend to young children. They cannot purchase cars, houses, stocks and other valuable items and securities. But small child transactions are also able to be carried out by a child, and without parental support.
The essence of the household transaction
Not all cash transactions may be legal. First of all, the state seeks to regulate such operations if they have signs of fraudulent nature. But there are other cases when participants in transactions can not give a full report on the actions taken. This applies to children who can independently purchase goods and services for their needs, but only within certain limits. The fact is that minor household transactions of minors do not involve operations that go beyond the immediate interests of the child. If parents, trustees or guardianship authorities have found signs confirming that the minor made a purchase, for example, expensive jewelry, then they have the right to challenge this transaction. However, the situation with the qualifications of participants in such transactions is not so clear.
Who makes small household transactions?
To qualify citizens who can potentially perform such actions, one should turn to the concept of legal capacity. The fact is that the law does not provide for strict restrictions on household purchases. But children under 6 years of age are considered incompetent, therefore, can not participate in such operations. Starting from this age, even a child who is under 14 years old is entitled to make small domestic transactions on his own. Persons in this category are considered to be minors, but at the same time they have the right, without parents and guardians, to manage their own money. But here it is important to understand the limit of opportunities for transactions of this kind, which is governed by civil tort. Citizens who have reached 16 years of age already have more opportunities and, on a par with adults, are practically not considered as participants in small transactions.
Signs of a small household deal
To date, there are no clear criteria for evaluating which transaction can be considered small and domestic. Nevertheless, practice allows us to identify three signs that allow you to determine the qualifications of the transaction. So, first of all, the subject of an operation may be a product or service that satisfies exclusively the personal needs of the acquirer. In addition, small household transactions are made with the expectation of age. So, a child at the age of 16 is unlikely to think about buying an exclusive kitchen set, but with a higher probability will get a gym membership for teenagers.
The third attribute is directly related to the transaction price, due to the cost of the purchased goods or services. In this case, there is also no clear definition, since the concept of an insignificant amount of money only appears in the law. But if we consider small household transactions by the totality of signs, then with the nature of their financial support, much will become clear in each specific case.
Forms of small household transactions
As a rule, such operations are carried out orally.The exceptions are cases involving the preparation of notarial documents, as well as transactions that may be invalid without written confirmation. Despite the complexity of written contracts as such, in most cases they are readily understood by young children. This, for example, can be small household transactions in the field of using public transport, rental, minor sales and purchases, etc. In most cases, such procedures are performed verbally and do not require special knowledge from the participants.
Deal Management Tips
Disputes and litigation are quite common in situations where children make unjustified purchases. In such cases, even the implementers are not always able to objectively assess how much a particular operation can meet the needs of a minor, therefore the greatest responsibility rests with parents and guardians. Given the fact that children from the age of 6 are entitled to make small household transactions, it is recommended first of all to monitor operations through cash. As a rule, pocket savings become the main source of financial savings for a child. With each replenishment, it is recommended that you consult with your child regarding upcoming purchases. These should be just acquisitions designed to satisfy his needs, for example, the purchase of sweets, inexpensive toys, school supplies, etc.
Conclusion
It would be wrong to say that modern law, by introducing special formats for transactions, seeks to limit the possibilities of minors. In essence, the law regulates this area in such a way that the risk of rash and waste of money is excluded. Since all citizens between the ages of 6 and up to 14 years have the right to make small household transactions, it is quite logical to determine the corresponding spectrum of goods and services. On the other hand, if for some reason the child managed to gain access to a significant amount and he purchased an expensive item that does not meet his age requirements, then the parents can challenge the operation. It is precisely for such cases that restrictions on trade operations in which children participate have been developed.
