Legal disability of minors removed when borrowing money for educational purposes.

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A. As used in this section:

(1) "person" means any individual, partnership, company, corporation, association, institution, department or agency; and

(2) "institution of higher learning" means any graduate or undergraduate junior college, college, university, technical and vocational institute or similar institution accredited or approved by the appropriate official, department or agency as provided by the laws of the state wherein the institution is located.

B. Any written promissory note, contract or other obligation entered into or executed by a minor sixteen years of age or over evidencing loans or other aid and assistance received by him from any person for the purpose of furthering his education at an institution of higher learning is enforceable against the minor with the same effect as if he had, at the time of its execution, reached the age of majority, provided that the person making the loan shall have in his records prior to making the loan a certification from the institution of higher learning that the minor is regularly enrolled in the institution of higher learning or has been accepted for regular enrollment in the institution of higher learning.

History: 1953 Comp., § 48-3-11.1, enacted by Laws 1967, ch. 159, § 1; 1973, ch. 138, § 18.

ANNOTATIONS

Cross references. — For Student Loan Act, see 21-21-1 NMSA 1978.

For Medical Student Loan for Service Act, see 21-2-1 NMSA 1978.


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