Unauthorized disposition of a minor’s immovable property by a legal representative is not binding without court approval
Mr. Sue, acting as the father and legal representative of Master Saeng, entered into an agreement to exchange a land title deed registered in the name of Master Saeng with a parcel of land owned by Mr. Siang. Both parties agreed to register the transfer of ownership and had already delivered possession of the respective lands.
However, prior to the registration of the transfer, Master Saeng passed away. Subsequently, Mr. See, as the sole heir, inherited the land and registered the title in his own name. Mr. See later refused to proceed with the transfer of ownership to Mr. Siang.
Legal Issue:
Whether Mr. Siang can enforce the agreement against Mr. See as heir.
Court’s Reasoning:
The agreement was entered into by Mr. Sue in his capacity as a legal representative. However, the disposition of immovable property belonging to a minor requires prior approval from the court under the Civil and Commercial Code. Since no such approval was obtained, the contract is not binding upon the minor.
As a result, the minor (Master Saeng) was not legally bound by the agreement. Consequently, Mr. See, as heir, is likewise not bound by such contract.
Furthermore, Mr. Siang is not a direct contracting party with Mr. See and therefore has no right to compel performance from him.
Judgment:
The Court shall dismiss the plaintiff’s claim.
Legal Reference:
Civil and Commercial Code, Section 1546(1)
Supreme Court Judgment No. 1617/2494