§ 48A‑12. Nodisaffirmance if approved by superior court.
(a) A contract,otherwise valid, of a type described in G.S. 48A‑11, entered into duringminority, cannot be disaffirmed on that ground either during the minority ofthe person entering into the contract, or at any time thereafter, if thecontract has been approved by the superior court in any county in which theminor resides or is employed or in which any party to the contract has itsprincipal office in this State for the transaction of business.
(b) Approval of thecourt may be given on petition of any party to the contract, after reasonablenotice to all other parties to the contract as is fixed by the court, withopportunity to the other parties to appear and be heard.
(c) Approval of thecourt given under this section extends to the whole of the contract and all ofits terms and provisions, including, but not limited to, any optional orconditional provisions contained in the contract for extension, prolongation,or termination of the term of the contract.
(d) For the purposes ofany proceeding under this Article, a parent or legal guardian, as the case maybe, entitled to the physical custody, care, and control of the minor at thetime of the proceeding shall be considered the minor's guardian ad litem forthe proceeding, unless the court shall determine that appointment of adifferent individual as guardian ad litem is required in the best interests ofthe minor. (2003‑207,s. 2.)
§ 48A‑12. Nodisaffirmance if approved by superior court.
(a) A contract,otherwise valid, of a type described in G.S. 48A‑11, entered into duringminority, cannot be disaffirmed on that ground either during the minority ofthe person entering into the contract, or at any time thereafter, if thecontract has been approved by the superior court in any county in which theminor resides or is employed or in which any party to the contract has itsprincipal office in this State for the transaction of business.
(b) Approval of thecourt may be given on petition of any party to the contract, after reasonablenotice to all other parties to the contract as is fixed by the court, withopportunity to the other parties to appear and be heard.
(c) Approval of thecourt given under this section extends to the whole of the contract and all ofits terms and provisions, including, but not limited to, any optional orconditional provisions contained in the contract for extension, prolongation,or termination of the term of the contract.
(d) For the purposes ofany proceeding under this Article, a parent or legal guardian, as the case maybe, entitled to the physical custody, care, and control of the minor at thetime of the proceeding shall be considered the minor's guardian ad litem forthe proceeding, unless the court shall determine that appointment of adifferent individual as guardian ad litem is required in the best interests ofthe minor. (2003‑207,s. 2.)
§ 48A‑12. Nodisaffirmance if approved by superior court.
(a) A contract,otherwise valid, of a type described in G.S. 48A‑11, entered into duringminority, cannot be disaffirmed on that ground either during the minority ofthe person entering into the contract, or at any time thereafter, if thecontract has been approved by the superior court in any county in which theminor resides or is employed or in which any party to the contract has itsprincipal office in this State for the transaction of business.
(b) Approval of thecourt may be given on petition of any party to the contract, after reasonablenotice to all other parties to the contract as is fixed by the court, withopportunity to the other parties to appear and be heard.
(c) Approval of thecourt given under this section extends to the whole of the contract and all ofits terms and provisions, including, but not limited to, any optional orconditional provisions contained in the contract for extension, prolongation,or termination of the term of the contract.
(d) For the purposes ofany proceeding under this Article, a parent or legal guardian, as the case maybe, entitled to the physical custody, care, and control of the minor at thetime of the proceeding shall be considered the minor's guardian ad litem forthe proceeding, unless the court shall determine that appointment of adifferent individual as guardian ad litem is required in the best interests ofthe minor. (2003‑207,s. 2.)
