What is the status of a donation made by a mentally defective minor?

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The status of a donation made by a mentally defective minor is valid, although it is voidable. In legal terms, a donation is considered "voidable" when it can be affirmed or rejected by the party that has the right to do so—in this case, the minor or their legal representative. This means that while the donation is treated as having been validly made, the minor has the ability to choose to rescind the donation if they wish.

The reason for this is rooted in protecting those who may not have full capacity to understand the implications of their actions, such as minors or individuals deemed mentally incompetent. Thus, the law acknowledges the validity of the act of donation but also provides a mechanism for the donor to back out if they are not fully able to consent to the gift. This reflects a balance between recognizing the rights of individuals to engage in transactions while also safeguarding those who might not fully comprehend the consequences of such actions.

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