–79–
-79An action by or on behalf of a minor for personal injuries sustained prior to or in the course of his birth is barred unless brought within six years from the date of the birth of the minor; and the time the minor is under a disability provided by section 73 of Title 5 may not be excluded in computing the time limited for the commencement of the action. § 35. Delegation of powers by minors; incapacities A minor can not give a delegation of power, nor, under the age of 18, make a contract relating to real property, or an interest therein, or relating to personal property not in his immediate possession or control. § 36. Contracts by minors Except as provided by section 35 of this title, a minor may make contracts in the same manner as an adult, subject only to: (1) a minor's power of disaffirmance under the provisions of this chapter; and (2) the provisions of Title 8 relating to marriage. § 37. Disaffirmance by minors; rights of innocent purchaser (a) Except as provided by section 38 of this title, the contract of a minor, if made Avhile he is under the age of 18 years, may be disaffirmed: {1) by the minor himself, either before his majority or within a reasonable time afterwards: or (2) in case of his death within the period referred to in paragraph (1) of this subsection, by his heirs or personal representatives. If the contract is made by the minor while he is over the age of 18 years, he may disaffirm it in like manner upon restoring the consideration, or paying its equivalent, to the party from whom it was received. (b) If, before the contract of a minor is disaffirmed, the goods which he has sold are transferred to another purchaser who bought them in good faith for value and without notice of the transferor's defect of title, the minor may not recover the goods from an innocent purchaser. § 38. Contracts and obligations of minors which may not be dis« affirmed (a) A minor may not disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parejit or guardian able to provide for him or them, if these things have been actually furnished to him or his family. (b) A minor may not disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute. § 39. Contracts by persons without understanding A person entirely without understanding may not make a contract, but he is liable for the reasonable value of things furnished to him necessary for his support or that of his family. § 40. Contracts by persons of unsound mind A contract of a person of unsound mind, but not entirely without understanding, made before his incapacity is judicially determined, is subject to rescission, as provided by sections 1291-1294 of this title. § 41. Powers of persons whose incapacity is adjudged After his incapacity is judicially determined, a person of unsound mind may not make a contract, nor delegate any power or waive any right, until his restoration to capacity by the court.
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