Unauthorized Land Exchange Involving Minor’s Property Not Binding on Heir Without Court Approval
Case Digest: Unauthorized Exchange of Minor’s Land and Non-Binding Inheritance Obligation
Facts:
Mr. Su, acting as the lawful father and legal representative of the minor, Master Saeng, entered into a land exchange agreement with Mr. Siang. The title deed of land belonging to Master Saeng was to be exchanged for land owned by Mr. Siang. Both parties agreed to register the transfer later. Before registration, Master Saeng died. Mr. Si, as the sole heir, inherited the land and registered the title in his own name but refused to transfer it to Mr. Siang. Mr. Siang filed suit seeking court enforcement of the agreement.
Issue:
Whether the heir (Mr. Si) is bound by the exchange agreement made by the deceased minor’s representative.
Holding:
The court dismisses the claim.
Reasoning:
Mr. Su acted only as a legal representative, not as the contracting party in his personal capacity. The agreement directly concerned the minor’s property. Under the Civil and Commercial Code, disposal or exchange of a minor’s immovable property requires prior court approval. Since no court authorization was obtained, the agreement was not legally binding upon the minor. Consequently, the heir, Mr. Si, who merely succeeded to the estate, is not obligated to perform or register the transfer.
Judgment:
Claim dismissed. (Supreme Court Decision No. 1617/2494; CCC Section 1546(1))