Publication at Faculty of Law |
2021
Abstract
The article deals with the issue of so-called children's debtors. The example of debts incurred by children for using means of public transport without a valid ticket shows that the legislator cannot keep in mind all partial situations that may arise in practice when designing the legal regulation of obligations.
If the child, as the weaker party, has not been able to influence the circumstances of the origination of the debt, it seems unfair for him to suffer the negative consequences constructed in general for cases where one is free to decide for oneself. It is therefore in the case of child debts incurred in these circumstances that the corrective function of the weaker party protection principle should apply.