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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.

  1. (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.

  2. (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.#

  3. (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.