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Legal Definitions - ex capite minorennitatis et laesionis

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Definition of ex capite minorennitatis et laesionis

EX CAPITE MINORENNITATIS ET LAESIONIS

Ex capite minorennitatis et laesionis is a Latin term used in Scots law. It refers to the grounds upon which a minor can be restored against deeds granted by them during their minority or set aside a deed if it is substantially onerous.

Example 1: A minor signs a contract to purchase a car. Later, they realize that the contract is not in their best interest and they want to cancel it. They can use ex capite minorennitatis et laesionis to set aside the contract on the ground of lesion.

Example 2: A minor sells their property for a price that is much lower than its actual value. They can use ex capite minorennitatis et laesionis to restore the property on the ground of lesion.

Ex capite minorennitatis et laesionis is a legal term that protects minors from being taken advantage of in legal agreements. If a minor signs a contract or deed during their minority and later realizes that it is not in their best interest, they can use this term to set aside the agreement. This term is also used to restore property or assets that were sold or transferred by a minor for substantially less than their actual value.

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Simple Definition

Term:EX CAPITE MINORENNITATIS ET LAESIONIS

Definition: Ex capite minorennitatis et laesionis is a legal term used in Scots law. It means that a minor can be restored against deeds granted by them during their minority or set aside a deed if it is substantially onerous. In simpler terms, it means that if a minor makes a bad deal or agreement, they can ask for it to be cancelled because they were too young to understand the consequences or the deal was unfair.

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