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【裁判要旨】民法通则规定:十周岁以上的未成年人是限制民事行为能力人,可以进行与他的年龄、智力相适应的民事活动;其他民事活动由他的法定代理人代理,或者征得他的法定代理人的同意。未成年人的父母是未成年人的监护人、法定代理人。本案中,他人避开两未成年原告的母亲,以两未成年人名义提起的因其父在交通事故中死亡引发的道路交通事故人身损害赔偿之诉,违反了上述强制性规定,是无效的。离婚并未离掉二原告之母监护人、法定代理人的法定身份,他人无权代未成年人母亲提起诉讼。
The main thrust of the referees: The general rules of civil law stipulate: Minors over the age of 10 are persons with limited capacity for civil conduct and may carry out civil activities compatible with his age and intelligence; other civil activities are represented by his legal representative or His legal representative’s consent. Minors parents are minors guardian, legal representative. In the present case, others evaded the mandatory provisions of the above-mentioned mandatory provisions by avoiding the mothers of the two minor plaintiffs and alleging in the name of two minors that they had been compensated for personal injury caused by road traffic accidents caused by their father’s death in a traffic accident . Divorce did not leave the guardian of the plaintiff’s mother, the statutory agent’s legal status, others have no right to sue the minor mother.