Title

Full Contractual Capacity: Use of Age for Conferment of Capacity

Publication Type

Journal Article

Publication Date

12-2010

Abstract

The Singapore Civil Law (Amendment) Act, effective 1 March 2009, lowered the age of full contractual capacity from 21 to 18 with the sole aim of encouraging entrepreneurship among the young. This article examines if currently available scientific evidence and practical considerations indicate: (i) whether there is utility in using an age-based criterion for conferring fullcontractual capacity and thus denying legal protection in contracting in light of the need to balance protection of minors in contracting against encouraging youthful entrepreneurship; (ii) even if useful, whether full contractual capacity should be conferred from age 18 in the Singapore context; and (iii) if extra measures ought to have accompanied the lowering of the ageof full contractual capacity to mitigate potential problems affecting consumer-minors and entrepreneur-minors who are now deprived of previously available legal protection under contract law.

Discipline

Asian Studies | Contracts

Research Areas

Commercial Law

Publication

Singapore Journal of Legal Studies

Volume

2010

Issue

2

First Page

328

Last Page

351

ISSN

0218-2173

Publisher

National University of Singapore Faculty of Law

Additional URL

http://ssrn.com/abstract=1802620

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