Legal Definitions - curatory

Curatory, a term used in Scots law, refers to the legal authority and responsibility held by a designated individual, known as a curator. This authority allows the curator to manage the affairs of someone who is legally considered incapable of managing their own. Most commonly, curatory involves a curator providing essential consent for a minor's legal actions, thereby overcoming the minor's inherent legal limitations and enabling them to participate in transactions they would otherwise be unable to undertake independently.

Here are a few examples illustrating how curatory applies:

• Example 1: Selling Inherited Property

  Imagine a 15-year-old in Scotland who inherits a small apartment from a distant relative. The teenager wishes to sell the property to help fund their future university education. Under Scots law, a minor generally cannot independently enter into a legally binding contract for the sale of real estate.

  In this situation, the minor's appointed curator would exercise curatory. The curator would review the proposed sale, ensure the terms are fair and in the minor's best interest, and then provide the necessary legal consent for the property transaction to proceed. This consent "cures" the minor's legal incapacity, making the sale valid and enforceable.

• Example 2: Entering a Significant Business Contract

  Consider a talented 17-year-old Scottish software developer who has created an innovative new application. A major tech company offers them a substantial contract to license their software exclusively. This contract involves complex legal terms, intellectual property rights, and significant financial commitments.

  The developer's curator would engage in curatory by thoroughly examining the contract's provisions, potentially negotiating on the developer's behalf, and ultimately granting legal consent. This act of curatory allows the minor to enter into a legally binding agreement that would otherwise be voidable due to their age, ensuring their intellectual property is protected and the financial arrangement is secure.