Question

Валерия дочь попечителя Соколова, обратилась к его подопечной Каменовой с просьбой продать ей золотые серьги с изумрудным камнями. Та согласилась. Правомерно ли эта сделка?

Answer 1

Да она правомерна, т.к. даже если она несовершеннолетняя, то законом это никак не ограничивается! (По ГК РФ 14-18-летние имеют право тратить свои стипендии,заработки и пр. без согласия родителей (опекунов и пр.)).

Answer 2

Background Information

The question is asking whether it is lawful for Valeria, the daughter of the guardian Sokolov, to sell gold earrings with emerald stones to Kamenova, who is under the guardianship of Sokolov.

Legal Considerations

To determine the lawfulness of this transaction, we need to consider relevant legal principles. In general, the legality of a transaction depends on several factors, including the capacity of the parties involved, any legal restrictions or requirements, and whether the transaction is fair and equitable.

Capacity of the Parties

One important factor to consider is the capacity of the parties involved. Capacity refers to a person's legal ability to enter into a contract or engage in a transaction. In this case, Valeria is the daughter of the guardian Sokolov, and Kamenova is under Sokolov's guardianship. It is important to determine whether Valeria and Kamenova have the legal capacity to engage in this transaction.

Legal Capacity of Valeria

As Valeria is the daughter of the guardian Sokolov, she is likely to have the legal capacity to engage in this transaction. However, it is important to consider any specific legal provisions or restrictions that may apply to her situation.

Legal Capacity of Kamenova

Kamenova, as a person under the guardianship of Sokolov, may have limited legal capacity depending on the specific circumstances and applicable laws. Guardianship is typically established to protect individuals who are unable to make decisions for themselves due to age, mental incapacity, or other factors. The extent of Kamenova's legal capacity will depend on the terms of the guardianship and any applicable laws.

Legal Restrictions or Requirements

Another factor to consider is whether there are any legal restrictions or requirements that apply to the sale of gold earrings with emerald stones. Different jurisdictions may have specific laws or regulations governing the sale of precious metals and gemstones. It is important to consult the relevant laws and regulations in the specific jurisdiction to determine if there are any legal restrictions or requirements that apply to this transaction.

Fairness and Equity

In addition to legal considerations, it is important to consider whether the transaction is fair and equitable. This involves assessing whether both parties are entering into the transaction willingly, without coercion or undue influence, and whether the terms of the transaction are reasonable and fair.

Conclusion

To determine the lawfulness of this specific transaction, it is necessary to consider the legal capacity of Valeria and Kamenova, any legal restrictions or requirements that apply to the sale of gold earrings with emerald stones, and whether the transaction is fair and equitable. Without specific information about the applicable laws and circumstances, it is not possible to provide a definitive answer. It is recommended to consult a legal professional or refer to the relevant laws and regulations in the specific jurisdiction for a more accurate assessment of the lawfulness of this transaction.