Legal Definitions - si minor se majorem dixerit

The Latin phrase si minor se majorem dixerit translates to "if the minor has said that he is major." This is a historical legal principle referring to a specific defense that could be raised in court.

Historically, minors (individuals under the legal age of adulthood) were afforded certain protections under the law, including the ability to void or cancel contracts they entered into. However, the principle of si minor se majorem dixerit came into play when a minor had actively misrepresented their age, claiming to be an adult, in order to induce another party to enter into an agreement. In such cases, the defense would argue that the minor should not be allowed to later use their true minority status to escape the obligations of that agreement, because they had deliberately misled the other party about their age.

Here are some examples illustrating this historical legal concept:

• Example 1: Purchase of Goods

  Imagine a scenario in the 19th century where a 16-year-old, let's call him Arthur, wanted to purchase a valuable watch from a jeweler. Knowing that the jeweler might be reluctant to sell such an item to a minor, Arthur confidently told the jeweler he was 20 years old and presented himself as a fully independent adult. The jeweler, relying on Arthur's assertion, completed the sale. A few months later, Arthur's parents discovered the purchase and, wishing to return the watch and recover the money, argued that the contract was voidable because Arthur was a minor at the time of sale.

  In this situation, the jeweler could invoke the si minor se majorem dixerit defense. The jeweler would argue that Arthur should not be permitted to void the contract based on his minority, as he had actively misrepresented his age to appear as an adult when making the purchase, thereby inducing the jeweler to enter the transaction.

• Example 2: Loan Agreement

  Consider a young woman named Beatrice, who was 17 years old but appeared older. She needed funds to invest in a small venture and approached a local lender. To secure the loan, Beatrice explicitly stated she was 19 and signed a loan agreement that included a declaration of legal age. When her venture failed and she defaulted on the loan, the lender sought repayment. Beatrice then claimed the loan agreement was invalid because she was a minor when she signed it and therefore lacked the capacity to enter into a binding contract.

  The lender could employ the si minor se majorem dixerit principle as a defense. They would contend that Beatrice's deliberate misrepresentation of her age, which was crucial in obtaining the loan, should prevent her from subsequently using her true minor status to invalidate the agreement and avoid her financial obligations.

• Example 3: Rental Contract

  In a historical context, a 17-year-old student, Charles, wanted to rent a room in a boarding house near his school. The landlord had a strict policy of only renting to adults. Charles, eager to secure the room, assured the landlord he was 18 and signed a year-long lease. After three months, Charles decided he wanted to move out and attempted to break the lease, arguing that he was a minor when he signed it and therefore not legally bound by its terms.

  The landlord could raise the si minor se majorem dixerit defense. The argument would be that Charles's initial false claim of being an adult, which led the landlord to enter into the rental agreement, should preclude Charles from later using his actual minor status to unilaterally terminate the contract and avoid his responsibilities under the lease.