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HomeCivil CodeDiv. 3Pt. 2Ch. 2§ 1557 Minor And Unsound Mind Contracts

§ 1557 Minor And Unsound Mind Contracts

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1557 Minor And Unsound Mind Contracts

This law says that the rules for when a minor or a person who is mentally incompetent can or cannot make a contract are found in other parts of the California code.

Key Takeaways

  • •Contracts made by minors are governed by Division 11 of the Family Code.
  • •Contracts made by a person declared mentally incompetent are governed by Part 1 of Division 1 of the Probate Code.
  • •These rules determine whether such contracts can be enforced or are voidable.

Example

A 17-year-old tries to sign a phone service contract, and a court later decides the contract is not valid because the minor's capacity is decided by the Family Code.

Because the minor is under 18, the law says their ability to contract follows Division 11 of the Family Code, which generally makes contracts with minors voidable unless certain conditions are met.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1557 Minor And Unsound Mind Contracts

(a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code. (b) The capacity of a person of unsound mind to contract is governed by Part 1 (commencing with Section 38) of Division 1. (Repealed and added by Stats. 1992, Ch. 163, Sec. 9. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)

Last verified: January 9, 2026

Key Terms

minorcontractunsound mindDivision 11Family CodePart 1Division 1

Related Statutes

  • § 1102.3 Seller Disclosure Delivery Requirements
  • § 1559 Third-Party Contract Enforcement
  • § 1675 Residential Purchase Liquidated Damages
  • § 1688 Contract Rescission Rules
  • § 1689.21 Seminar Sales Cancellation Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1557.
View Official Source