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Codified Laws
26-1 RIGHTS AND OBLIGATIONS OF MINORS
CHAPTER 26-1

RIGHTS AND OBLIGATIONS OF MINORS

26-1-1      Age of minority--Calculation of age.
26-1-2      Unborn child deemed existing person.
26-1-3      Enforcement of minor's rights--Guardian or conservator required.
26-1-4      Minor's liability for wrongs--Restriction on exemplary damages.



26-1-1Age of minority--Calculation of age.

Minors are natural male persons and natural female persons under eighteen years of age. The periods thus specified must be calculated from the first minute of the day on which persons are born, to the same minute of the corresponding day completing the period of minority.

Source: SDC 1939, § 43.0101; SL 1972, ch 154, § 1.



26-1-2Unborn child deemed existing person.

A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth.

Source: SDC 1939, § 43.0102.



26-1-3Enforcement of minor's rights--Guardian or conservator required.

A minor may enforce his rights by civil action, or other legal proceedings, in the same manner as a person of full age. However, a guardian or conservator must be appointed to conduct the same.

Source: SDC 1939, § 43.0109; SL 1993, ch 213, § 115.



26-1-4Minor's liability for wrongs--Restriction on exemplary damages.

A minor is civilly liable for a wrong done by him, in like manner as any other person, but cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was unlawful.

Source: SDC 1939, § 43.0108.