e either party entered into the contract of marriage in good
faith, supposing the other to be capable of contracting, and the
marriage is declared a nullity, such fact shall be entered in the
decree, and the court may decree such innocent party compensation as in
cases of divorce. [Sec.3427.]
CHAPTER V.
MINORS AND GUARDIANSHIP.
[Sidenote: Majority.]
The period of minority extends in males to the age of twenty-one years,
and in females to that of eighteen, but all minors attain their majority
by marriage. [Sec.3428.] The disability of minority may also be terminated
by death.
[Sidenote: Contracts.]
[Sidenote: Disaffirmance.]
A minor is bound not only by contracts for necessaries, but also for
his other contracts, unless he disaffirms them within a reasonable time
after he attains his majority, and restores to the other party all money
or property received by him by virtue of the contract and remaining
within his control at any time after his attaining his majority.
[Sec.3429.] The rule respecting the contract of an infant is, that when the
court can pronounce it to be to the infant's prejudice, it is void, and
when to his benefit, as for necessaries, it is good, and when of
uncertain nature, it is voidable, at the election of the infant. As to
what will be "a reasonable time," within which a minor must disaffirm
his contract, must depend upon the peculiar circumstances of each case.
In case of the marriage of a minor the time for disaffirmance will
commence from the date of the marriage. The intention of this law is to
limit the time in which a minor may take advantage of his minority and
disaffirm his contracts, but the disaffirmance may be either before or
after majority, if within a reasonable time after becoming of age. The
minor is under no obligation to restore money or property, unless it is
the identical money or property received by virtue of the contract, and
he may therefore disaffirm his contract without rendering back the
consideration, if such consideration is no longer under his control.
[Sidenote: Misrepresentations. Engaging in business.]
No contract can be thus disaffirmed in cases, where on account of the
minor's own misrepresentations as to his majority, or from his having
engaged in business as an adult, the other party had good reason to
believe the minor capable of contracting. [Sec.3430.] If the fact of
minority is known to the other party, the minor will not be bound b
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