Who exercises your rights?

You may have inherited a house, but you are not allowed to sign a lease with a tenant, because a minor is not legally capable of doing that kind of thing alone. So your parents (also called your legal tutors) or your dative tutor have to do so in your place.

The same goes for signing a contract or taking someone to court if they owe you money or have injured you or damaged your property. Matters like this are all part of exercising your civil rights and your tutors have to intervene because they are your legal representatives.

The reason you have to be represented by your tutors is because your are legally unable to do these things yourself; you will be allowed to do them when you attain majority (turn 18) or are emancipated.

As a minor, do you have civil responsibility?

Supposing you cause someone physical injuries or psychological harm. Or you damage something they own, etc. Your legal incapacity does not mean you do not have civil responsibility (also called civil liability): because from the age of 7, you are considered to know right from wrong, and have to repair the harm that is your fault.

If your interests conflict with your tutor's (say your tutor wants to buy the house you own), then your tutorship council or an ad hoc tutor will represent you, ), then your tutorship council or an ad hoc tutor will represent you.

What happens if you do something on your own when you should have been represented by your tutor?

Let's say you sign a contract to buy something very expensive. Your tutor (parent or dative tutor), and only your tutor, can ask the court to cancel the contract or alter the conditions in it, provided it can be proved that the contract has caused you harm.

See also : Rights of the minor; Civil Code of Québec and rights of the minor; Ad hoc tutor; Emancipation of a minor; Simple emancipation; Full emancipation; Comparative table