Legal capacity of minors

In short: Children under 7 have no legal capacity, minors aged 7 to 17 have limited legal capacity, from 18 you have full capacity. Limited capacity means contracts are usually only valid with the parents’ consent.

In more detail: The German Civil Code (§§ 104 ff.) protects children and teenagers from committing themselves without understanding the consequences. A contract the parents have not agreed to is first “provisionally invalid”. The parents can approve or reject it afterwards. Until then, the other party cannot rely on it.

In detail

• Under 7: no legal capacity, declarations are void. The parents act for the child.
• 7 to 17: limited capacity. Only legally advantageous deals (such as accepting a gift) work without consent.
• With consent: parents can agree beforehand (Parental consent (§ 107 BGB)) or approve later.
• Special cases: pocket money (Pocket money rule (§ 110 BGB)), training and employment contracts, running a business independently (Authorisation under § 112 BGB).
• From 18: full capacity, all contracts apply without further consent.

See also: Legal representative and parental custody, Small business as a minor: overview