From the age of 16, a person has full legal capacity to enter into any form of agreement. This is subject to the protection of younger persons by a right (according to § 3) under the age of 21 to have a contract concluded between the ages of 16 and 18 annulled as an « unfavourable transaction ». It shall be examined whether a reasonably prudent adult would not have entered into such a contract and whether the person has been disadvantaged by the conclusion of this contract. According to § 4, a contract may be approved in advance by a court, in which case it may not be reduced at a later date. Contracts concluded in the context of the young person`s undertaking or in which he has wrongly indicated his age may also not be reduced. (2) A person who has reached the age of 12 years or older has the power to appoint in a will, including the legal capacity to exercise a power of appointment by means of a written will. (a)a person under the age of 16 does not have the legal capacity to carry out a transaction, subject to Section 2 below; As we have seen, the Age of Legal Capacity (Scotland) Act 1991 applies to persons under 16 years of age. Does this mean that anyone over the age of 16 has their full capacity? The answer is yes, but there is one important point to remember. Any transaction made by a person between the ages of 16 and 18 may be reduced by the court before his or her twenty-first birthday if it is found to be prejudicial to that person. (4) Existing legal norms on the legal capacity of minors and pupils which are incompatible with the provisions of this Act shall cease to have effect. the granting of legally effective consent by an individual; It is important to note that a transaction made by a person under the age of 16 that does not fall within one of the exceptions of the law is void. This means that there was no transaction from a legal point of view. Such a transaction is not countervailable, i.e.
it can be reduced, but can in fact be annulled by the court. It has no legal effect. 21In Article 119, the words `whether or not subject to incapacity` are replaced by the words `of legal age or wardlarity or minority or that he must be subject to incapacity`. The Age of Legal Capacity (Scotland) Act 1991 (c.50) is an Act of the Parliament of the United Kingdom which applies only in Scotland. It replaced the already existing rule of the student body and the minority with a simpler rule according to which a person aged 16 has full legal capacity.  23In section 13, the words « in a minority or subject to legal incapacity » are replaced by the words « subject to legal impediment for reasons not based on age or other reasons ». and insert the word « custodian » after the word « conservatives ». The Age of Legal Capacity (Scotland) Act 1991 (c.50) Act of the Parliament of the United Kingdom applies only in Scotland. It replaced the already existing rule of the student body and the minority with a simpler rule according to which a person aged 16 has full legal capacity.  Under the Age Legal Capacity Scotland Act 1991, the old rules and conditions have been replaced. The basic rule of the Alternative Regulation is that young people under the age of 16 do not have legal capacity. This is limited by section 2, which provides that persons under the age of 16 may do the following: « Infant » means, in respect of Scotland, with the exception of section 73 of this Act, a person who is legally disabled because of his or her non-age, and in that section 73 means a person under the age of 18.
3. An application under this Section shall be made by means of a summary application. (2) Subject to section 8 below, any reference in an order in council to a pupil (except in the context of education or training) or to a person who has a legal disability or incapacity for work because of his or her age, to the extent that it relates to a period after the coming into force of this Act, is understood as a reference to a person under 16 years of age. (b)for which that person does not have legal capacity under this Section, « The term `infant` in relation to Scotland means a person who is subject to a legal disability because of his or her non-age and the term `early childhood` shall be interpreted accordingly: » This general exception is very important. Think about the extent to which legal transactions are part of everyday life in our society. Also consider how early in life we start functioning this way. Children at a young age often have limited amounts of money to spend, for example, on candy. It could certainly be argued that children as young as six years old, for example, can usually do business to buy sweets.
What is covered by this general exception, of course, depends on the circumstances. It`s probably not common for a six-year-old to pay for a bus ticket in exchange for a bus ride. However, the same is not true for a 12-year-old. (1) This Act may be referred to as the Age of Legal Capacity (Scotland) Act 1991. 1In Article 15, the words « persons under the age of twenty-one » shall be replaced by the words « or who are legally incapacitated due to the age not old »; and for the words « come and be at the age of twenty-one, » replace the words « stop being disabled because you are not old enough to come and come. » 2In section 27, the words « early childhood or » shall be replaced by the words « persons unfit for work because of incapacity for work because of incapacity or incapacity ». 4. A person under 16 years of age shall have the legal capacity to consent, in his own name, to any surgical, medical or dental intervention or treatment if, in the opinion of a qualified physician caring for him, he is able to understand the nature and possible consequences of the procedure or treatment. « Transaction » means a transaction that has legal effect and includes: Consider the following scenarios. In your opinion, that describe valid legal transactions that have legal effect and do not have one? The consequences of Article 1 are that persons under the age of 16 do not have the legal capacity to carry out a transaction. Persons who have reached the age of 16 have the legal capacity to enter into a transaction. The law defines a subsequent transaction as a transaction with legal effect and contains in particular certain examples, such as unilateral transactions (transactions in which only one party benefits from it, for example: the granting of a gift) and the granting of consent, which has legal effect.
(3) A person who has reached the age of 12 years has the legal capacity to consent to the adoption of an adoption decision in respect of that person; and therefore – under ancient Scottish law (derived from Roman law), a child at the age of 12, if female, or 14 if male, had the legal status of a « student » and was under the legal control of an adult (usually parents or parents) who was considered a « guardian ». From this age to the age of majority, the child had the legal status of « minor » and could have a responsible adult who is considered a « curator » or not have a responsible adult (which is called « fors humiliated »). Scotland`s age of majority was originally 21 until it was lowered to 18 by the Age of Majority (Scotland) Act 1969. Students did not have the ability to enter into legally valid contracts. Minors could enter into contracts, which included the possibility of making a will, but in certain circumstances, the right to have them restricted by a court and sometimes required the consent of their curators. The rules on when contracts should or should not be approved, and which may have been legally reducible, were complex. The age for entering into marriage was originally the age of the minority, but it was raised to 16 by the Age of Marriage Act 1929 and confirmed in the Marriage (Scotland) Act 1977. 27 In Article 1(1)(a), after the word `which`, the words `by reason of obstruction of justice` shall be inserted and in paragraph 2, the words `above the age of the disability` shall be replaced by `from the age of 16 years or more`. As Gillick was eventually decided in the House of Lords,4 his authority extends to both Scotland and other parts of the United Kingdom.
However, Scottish law went beyond Gillick with the adoption of the Age of Legal Capacity (Scotland) Act (Scotland) Act (the « Scottish Act ») in 1991. Since parliamentary legislation is superior to the common law, the provisions of Scottish law prevail in Scotland.