Also known as:impubis · impuberty · minor · prepubescent
Written by attorneys · grounded in primary & secondary sources — see below
A child in Roman law who has attained the age of seven but has not yet reached puberty and therefore possesses limited legal capacity.
Sources & Authorities· 32 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Default Judgment Against Child
Ismael Ibrahim, an impubes, failed to appear in a contract action seeking a sum certain. The plaintiff requested entry of judgment by the clerk with an affidavit of the amount due. Because Ismael was an impubes, the clerk could not enter the judgment and the plaintiff had to apply to the court instead.
Parental Duty to Control Child
Ike Ingram knew his impubes son had repeatedly thrown rocks at passing cars. When the child injured a pedestrian, the court held that Ike had both the ability and the opportunity to exercise reasonable control and therefore breached his duty to prevent the harm.
Will Executed by Child
India Inoue, an impubes, signed a document purporting to be her will. Because she had not reached the age of majority, the instrument was void and could not be probated even after she later reached adulthood.
After his father's death, Igor Ito, an impubes, received the family home under a constitutional homestead right. The value of that right was charged against his statutory homestead allowance because the home formed part of the decedent's estate.
Competing Receivership Requests
Iris Irons, an impubes heir, held a junior mortgage on property also encumbered by a senior mortgage held by Infinity Bank. When both sought a receiver, the senior mortgagee's request took priority because the mortgage contained a rents clause, regardless of the junior holder's status.
Contract Disaffirmance by Minor
Ian Iverson, an impubes, purchased a motorcycle on credit. Upon reaching majority he promptly disaffirmed the contract and returned the motorcycle. The seller could not enforce the agreement because the common-law defense of infancy protected the impubes from the bargain.
Common questions
Frequently Asked
1
How does the status of an impubes differ from that of an infans in Roman law?+
An infans under seven had no legal capacity at all. Upon reaching seven the child became an impubes and acquired limited capacity to engage in certain legal acts subject to protections such as the right to disaffirm contracts.
410 U.S. 113 (1973)Constitutional Law
…C. Gen. Stat. § 14-45.1 (Supp. 1971), requires written permission for the abortion from the husband when the woman is a married minor, that is, when she is less than 18 years of age, 41 N. C. A. G. 489 (1971); if the woman is an unmarried minor, written permission from the parents is required. We need not now decide…