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=U3= Sec104 -- Section 104 Incapacity to contract
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=S=> BGB 104 A person is incapable of contracting if he is not yet seven years old , he is in a state of pathological mental disturbance , which prevents the free exercise of will , unless the state by its nature is a temporary one .
=U3= Sec105 -- Section 105 Voidness of declaration of intent
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=S=> BGB 105. 1 The declaration of intent of a person incapable of contracting is void .
=S=> BGB 105. 2 Also void is a declaration of intent that is made in a state of unconsciousness or temporary mental disturbance .
=U3= Sec105a -- Section 105a Everyday transactions
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=S=> BGB 105a If a person of full age incapable of contracting enters into an everyday transaction that can be effected with funds of low value , the contract he enters into is regarded as effective with regard to performance and , if agreed , consideration , as soon as performance has been effected and consideration rendered . Sentence 1 above does not apply in the case of considerable danger to the person or the property of the person incapable of contracting .
=U3= Sec106 -- Section 106 Limited capacity for minors to contract
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=S=> BGB 106 A minor who has reached the age of seven has limited capacity to contract under sections 107 to 113.
=U3= Sec107 -- Section 107 Consent of legal representative
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=S=> BGB 107 For a declaration of intent as a result of which he does not receive only a legal benefit , a minor requires the consent of his legal representative .
=U3= Sec108 -- Section 108 Entry into a contract without consent
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=S=> BGB 108. 1 If the minor enters into a contract without the necessary consent of the legal representative , the effectiveness of the contract is subject to the ratification of the legal representative .
=S=> BGB 108. 2 If the other party requests the representative to declare his ratification , the declaration can only be made to the other party ; a declaration or refusal of ratification made to the minor before the request of the other party is ineffective . The ratification may only be declared before the expiry of two weeks after receipt of the demand ; if ratification is not declared , it is considered to have been refused .
=S=> BGB 108. 3 If the minor has become fully capable of contracting , the ratification of the minor takes the place of the ratification of the representative .
=U3= Sec109 -- Section 109 Right of revocation of the other party
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=S=> BGB 109. 1 Until the contract is ratified , the other party is entitled to revoke it . Declaration of revocation may also be made to the minor .
=S=> BGB 109. 2 If the other party realised that he was dealing with a minor , he may revoke the contract only if the minor untruthfully stated that the legal representative had given consent ; he may not revoke in this case either if , when the contract was entered into , he had notice of the lack of consent .
=U3= Sec110 -- Section 110 Payment by minor with own means
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=S=> BGB 110 A contract entered into by the minor without the approval of the legal representative is deemed effective from the beginning if the minor effects performance under the contract with means that were given to him for this purpose or for free disposal by the legal representative or by a third party with the ratification of the representative .
=U3= Sec111 -- Section 111 Unilateral legal transactions
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=S=> BGB 111 A unilateral legal transaction that a minor undertakes without the necessary consent of the legal representative is ineffective . If the minor undertakes such a legal transaction with regard to another person with this consent , the legal transaction is ineffective if the minor does not present the consent in writing and the other person rejects the legal transaction for this reason without undue delay . Rejection is not possible if the representative had given the other person notice of the consent .
=U3= Sec112 -- Section 112 Independent operation of a trade or business
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=S=> BGB 112. 1 If the legal representative , with the ratification of the family court , authorises the minor to operate a trade or business independently , the minor has unlimited capacity to contract for such transactions as the business operations entail . Legal transactions are excluded for which the representative needs the ratification of the family court .
=S=> BGB 112. 2 The authorisation may be withdrawn by the legal representative only with the ratification of the family court .
=U3= Sec113 -- Section 113 Service or employment relationship
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=S=> BGB 113. 1 If the legal representative authorises the minor to enter service or employment , the minor has unlimited capacity to enter into transactions that relate to entering or leaving service or employment of the permitted nature or performing the duties arising from such a relationship . Contracts are excluded for which the legal representative needs the ratification of the family court .
=S=> BGB 113. 2 The authorisation may be withdrawn or restricted by the legal representative .
=S=> BGB 113. 3 If the legal representative is a guardian , the authorisation , if he refuses it , may , on the application of the minor , be replaced by the family court . The family court must give substitute authorisation if it is in the interest of the ward .
=S=> BGB 113. 4 The authorisation given for an individual case is in the case of doubt deemed to be general authorisation to enter into relationships of the same kind .
=U3= Sec114 , -
-- Sections 114 , 115 repealed
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