THE RIGHT TO ENGAGE IN LEGAL TRANSACTIONS FOR MINORS UNDER THAI LAWS, COMPARED TO TAIWANESE LAWS

Abstract

The purpose of this article is to compare Taiwanese and Thai legal systems regarding minors' legal capacity and status. Children are generally considered a socially vulnerable group. Even in their youth and inexperience, each nation's unique contexts necessitate specific protection, control, and care for them. Therefore, the expression of intention to establish a legal relationship with minors has to be in accordance with the principle of controlling legal capacity. The study's findings revealed that the beginning of a person's status, which is the beginning of being a minor, is decided in the same manner under Thai and Taiwanese law. Thai legislation establishes a person's legal age at twenty years old. Additionally, if a minor marries before turning twenty, they may reach the one’s legal age. Taiwanese law, on the other hand, states that a person cannot marry or reach the one’s legal age until they are eighteen years old. There are also restrictions prohibiting minors under the age of seven from making legal transactions. In contrast, Thai law does not set a minimum age for minors to engage in legal transactions. As a result, minors under the age of seven are not required to obtain the permission of a legal representative before engaging in legal transactions that are acceptable for their position and essential to their livelihood. This article suggests that in order to assure adherence to the rights and responsibilities provided by other laws, the criteria for the age of the majority of people should be reviewed.