The paper deals with the question of the level of intellectual capability of a minor who is not fully legally capacitated in relation to the breach of duties under the contract of carriage of persons. In the wake of the current debate on children's debts, the question arises as to whether a child concluding a contract of carriage must have such a level of intellectual capability that allows him to assess all (even potentially imminent) consequences of riding without a valid ticket, namely in case when the claim against him is filed to a court.
In this context, attention is paid not only to the current legislation, but also to the case law of the Constitutional Court of the Czech Republic.