Contracts with customers: validity for minors

In short: If the trader is a minor, their contracts are valid only if the legal representatives and, where applicable, the family court have approved. Without approval, contracts are provisionally ineffective.

In more detail: For the customer this means uncertainty. Once the family court’s approval and the authorisation under § 112 BGB exist, transactions within the business are valid. Without this basis, parents can revoke contracts or refuse approval.

In detail

• Partial capacity: § 112 BGB makes the minor fully capable for transactions in the business.
• Exceptions: transactions for which parents also need the court (property, credit).
• Customers: should be able to rely on validity, otherwise trust drops.
• Proof: keep the approval safe.
• In practice: terms and invoices in the name of the business, not the parents.

See also: Authorisation under § 112 BGB, Family court approval