unemancipated minor

An unemancipated minor generally lacks full contractual capacity. Contracts entered by such a minor are voidable at the minor's option rather than void or fully binding. The minor may disaffirm the agreement even after receiving and using the consideration, subject to limited exceptions such as contracts for necessities.

An unemancipated minor lacks testamentary capacity. Any purported will executed by such a minor is void rather than merely voidable. Emancipation serves as the key exception that can remove the disability and confer capacity to execute a will.

Parental immunity ordinarily bars an unemancipated minor from recovering against a parent for ordinary negligence arising from the exercise of parental authority, supervision, or discretion. The doctrine protects family harmony and parental autonomy, though limited exceptions have been recognized in later cases.

Administrative program rules that allow a minor to manage property or make decisions do not equate to legal emancipation. The minor remains unemancipated for purposes of capacity rules unless a court has issued an emancipation order or the statutory criteria for emancipation are otherwise satisfied.