DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 61 Engrossed 2023 Regular Session Schlegel
Abstract: Provides for nullity of contracts between minors and interactive computer services
without consent of the legal representative of the minor.
Present law (C.C. Art. 1918) provides that all persons have capacity to contract except for
unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.
Present law (C.C. Art. 366) provides that full emancipation confers all effects of majority on the
person emancipated. Limited emancipation confers the effects of majority specified in the judgment
of limited emancipation.
Present law (C.C. Art. 2029) provides that a contract is null when the requirements for its formation
have not been met.
Present law (C.C. Art. 2030) provides that a contract is absolutely null when it violates a rule of
public order. A contract that is absolutely null may not be confirmed. An absolute nullity may be
invoked by any person or may be declared by the court on its own initiative.
Proposed law provides that no interactive computer service shall enter into a contract or other
agreement, including the creation of an online account, with an unemancipated minor without the
consent of the legal representative of the minor.
Proposed law provides that the interactive computer service may rely on the consent of the legal
representative unless the interactive computer service knows or reasonably should know that the
legal representative is no longer authorized to represent the minor.
Proposed law provides that all contracts entered into between the minor and an interactive computer
service without the consent of the legal representative shall be relatively null.
Proposed law provides that third parties may be used to obtain the consent of the legal representative.
Proposed law provides that proposed law only applies to minors who are domiciled in this state.
Present law (C.C. Art. 41) provides that the domicile of an unemancipated minor is that of the
parent, parents, tutor, or joint tutors with whom the minor usually resides. If the minor has been
placed under the legal authority of a parent or other person, the domicile of that person is the
domicile of the minor, unless the court directs otherwise. Proposed law provides for definitions of the following: "account", "consent", "interactive computer
service", "legal representative", and "minor".
Present law (47 U.S.C. ยง230) defines "interactive computer service" as any information service,
system, or access software provider that provides or enables computer access by multiple users to
a computer server.
Present law (C.C. Art. 232) provides that either parent during the marriage has parental authority
over their child unless otherwise provided by law.
Present law (C.C. Art. 246) provides that a minor not emancipated is placed under the authority of
a tutor after the dissolution of the parents' marriage. Present law (C.C. Art. 249) provides that the
tutor is accountable.
(Adds R.S. 9:2717.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Provide that contracts entered into by a minor without consent of a legal representative
shall be relatively null.