Protection of the rights of children and minors in their transactions in the information society

Abstract

The article is devoted to the analysis of features that arise when committing transactions by children and minors in the development of information society, identifying problems that arise when committing such transactions out of their legal capacity, as well as to the issue of the protection of violated rights and legitimate interests of children and minors due to the pandemic. The dialectical method of cognition, the method of system-structural analysis, he formal-logical method, the comparative-legal method, the method of logical analysis and dogmatic interpretation of legal norms were used preparing the article. The structure of the body of the text is comprised of such sections as introduction, methodology, analysis of recent research, results and discussion, conclusions. The main conclusion of the study is the establishing the need to clarify the amount of legal capacity of children and minors in different age groups. It is proposed to consolidate the division of minors into the following groups: from birth to 6 years; from 6 to 10 years; and from 10 to 14 years.

Minors and Their Incapacity to Contract: A Revisit

“…The usage and development of digital assets by children is on the increase and many products or services sold by companies to minors have become more complex. A variety of initiatives have also been developed, and these are aimed at encouraging financial literacy among young people (Banta & Cahn, 2019;Omelchuk et al, 2020). When it comes to legal requirements for validity, generally, contracting online is equivalent to contracting offline.…”

“…Despite the confirmation of the age of majority, recent developments have also triggered some conflicting observations which noted that the determination of capacity cannot be based solely on an individual's age (Austen-Baker, R., & Hunter, K., 2020;Omelchuk et al, 2020). There were views noting that age should not be the only criterion used to determine whether a person qualifies as a major, hence the person's legal capacity to enter into a contract.…”