Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 5. THE GEORGIA TRANSFERS TO MINORS ACT

44-5-127. Assertion of claim arising out of custodial relationship.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A claim based on:#
1. (1)
  A contract entered into by a custodian acting in a custodial capacity;#
2. (2)
  An obligation arising from the ownership or control of custodial property; or#
3. (3)
  A tort committed during the custodianship#
4. may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b)
A custodian is not personally liable:#
1. (1)
  On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or#
2. (2)
  For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.#
(c)
A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-5-127, enacted by Ga. L. 1990, p. 667, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 492; merge action: carried; file SHA-256 490191d3dc54.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.