Legal Definitions - pupillarity

Pupillarity refers to a specific legal stage in a person's life, recognized primarily in Scots law and some civil law systems. It encompasses the period from birth until the onset of puberty. During this stage, an individual is considered a "pupil" and is generally deemed to lack the full legal capacity to make certain decisions or enter into contracts independently, requiring a guardian or legal representative to act on their behalf.

Here are some examples illustrating pupillarity:

• Example 1: Managing Inherited Property

  Imagine a 7-year-old child in Scotland who inherits a substantial sum of money and a small cottage from a grandparent. Because the child is in the stage of pupillarity, they do not have the legal capacity to manage these assets themselves. A parent or court-appointed guardian would be legally responsible for administering the inheritance, making decisions about investments, or maintaining the property until the child reaches an age where they gain full legal capacity, typically adulthood.

• Example 2: Participating in a Lawsuit

  Consider a 9-year-old child who is the victim of an accident and whose family decides to pursue a personal injury claim in a jurisdiction that recognizes pupillarity. The child, being a "pupil," cannot independently initiate the lawsuit, sign legal documents, or make binding decisions about a settlement. Instead, a parent or legal guardian would act "on behalf of" the child throughout the legal proceedings, representing their interests until they are old enough to do so themselves.

• Example 3: Entering into Contracts

  Suppose a 10-year-old wants to purchase an expensive collectible online using money they saved. In a legal system that applies the concept of pupillarity, this child would not have the legal capacity to enter into a binding contract for such a purchase. The contract would likely be voidable or unenforceable against the child, as they are considered a "pupil" and lack the full legal maturity and understanding required for such an agreement. A parent or guardian would typically need to make the purchase on their behalf to create a legally valid transaction.