[Sidenote:  Prior marriage.]

When a marriage is annulled on account of a prior marriage, and the parties contracted the second in good faith, believing the prior husband or wife to be dead, that fact shall be stated in the degree of nullity; and the issue of the second marriage, begotten before the decree of the court, is the legitimate issue of the parent capable of contracting. [Sec.3426.]

[Sidenote:  Alimony.]

In case either party entered into the contract of marriage in good faith, supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree, and the court may decree such innocent party compensation as in cases of divorce. [Sec.3427.]

CHAPTER V.

MINORS AND GUARDIANSHIP.

[Sidenote:  Majority.]

The period of minority extends in males to the age of twenty-one years, and in females to that of eighteen, but all minors attain their majority by marriage. [Sec.3428.] The disability of minority may also be terminated by death.

[Sidenote:  Contracts.]

[Sidenote:  Disaffirmance.]

A minor is bound not only by contracts for necessaries, but also for his other contracts, unless he disaffirms them within a reasonable time after he attains his majority, and restores to the other party all money or property received by him by virtue of the contract and remaining within his control at any time after his attaining his majority. [Sec.3429.] The rule respecting the contract of an infant is, that when the court can pronounce it to be to the infant’s prejudice, it is void, and when to his benefit, as for necessaries, it is good, and when of uncertain nature, it is voidable, at the election of the infant.  As to what will be “a reasonable time,” within which a minor must disaffirm his contract, must depend upon the peculiar circumstances of each case.  In case of the marriage of a minor the time for disaffirmance will commence from the date of the marriage.  The intention of this law is to limit the time in which a minor may take advantage of his minority and disaffirm his contracts, but the disaffirmance may be either before or after majority, if within a reasonable time after becoming of age.  The minor is under no obligation to restore money or property, unless it is the identical money or property received by virtue of the contract, and he may therefore disaffirm his contract without rendering back the consideration, if such consideration is no longer under his control.

[Sidenote:  Misrepresentations.  Engaging in business.]

No contract can be thus disaffirmed in cases, where on account of the minor’s own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reason to believe the minor capable of contracting. [Sec.3430.] If the fact of minority is known to the other party, the minor will not be bound by his contracts, although he may be engaged in business as an adult.  The fact that he is engaged in business on his own account will alone be sufficient evidence to authorize others to conclude that he has attained his majority and will make all contracts to which he is a party, binding upon him.