Emancipated Minor: Legal Rights and Requirements

Posted on Jan 10, 2025 in Law & Jurisprudence

Emancipated Minor

An emancipated minor is a person under the age of 18 who is not subject to the authority of their parents or legal representative.

They have the capacity to act in all legislative acts, except in making a loan and the disposition of assets of particular value, for which they need additional capacity (ratification or authorization).

Article 323

Emancipation enables a minor to govern their person and property as if they were of legal age. However, until they reach the age of majority, an emancipated minor cannot borrow money, encumber, or dispose of real estate, commercial or industrial establishments, or objects of extraordinary value without parental consent. In the absence of both parents, the consent of a curator is required. Emancipated minors may be sued. The provisions of this Article also apply to minors who have legally obtained the benefit of the elderly.

Situations for Emancipation

Emancipation can occur through:

  • Marriage: Minors can marry from the age of 14 with the authorization of a judge. Marriage automatically results in legal emancipation.
  • Judicial Award:
    • Must be requested by the minor from the age of 16.
    • The judge may grant emancipation to minors over the age of 16 if they request it after a hearing with the parents.
    • This can happen in the following situations:
    1. When the person exercising parental authority contracts a marriage or enters into a marital relationship with someone other than the other parent.
    2. When the parents live separately.
    3. Upon the occurrence of any cause that seriously interferes with the exercise of parental authority.
  • For the court to grant emancipation, a hearing with the minor’s parents is mandatory (but their consent is not required).
  • Once emancipation is granted, it is irrevocable.
Granting by Parents:
  • The initiative comes from the minor’s parents.
  • The minor must be at least 16 years old and must consent to the emancipation.
  • It is irrevocable.
Independent Living:
  • The minor must have financial autonomy (they can live with their parents).
  • Parental consent is mandatory.
  • A minor over the age of 16 living independently with parental consent is considered emancipated for all purposes.
  • Parents may revoke this consent.
  • Once emancipation is obtained through parental concession, the minor has the same capacity to act as an emancipated minor by judicial award.
  • In this case, the parents can revoke their consent to emancipation, causing this particular situation to cease.

Unemancipated Minor

An unemancipated minor has two main characteristics:

  • They lack legal independence because they are under the authority of another person (parent or guardian).
  • They lack the capacity to act. A system of substitution applies, meaning someone needs to replace them to perform legal acts. This implies the existence of a legal representative (parent or guardian). If the minor performs these acts, they are considered void or voidable.

If the minor has natural ability (some ability and attitude to perform acts and is aware of their consequences), they may perform any act expressly conferred by law, such as:

  • Acts affecting the personal sphere of the subject (marriage, making a will).
  • Property management acts from 16 years of age.