Emanciparea minorului. Consideraţii teoretice şi practice

Ramona Duminică

Emancipation of minors. Theoretical and practical considerations

Abstract

The study aims to analyse the two exceptions to the principle according to which a natural person acquires full legal capacity on reaching the age of 18, namely early acquisition of legal capacity by a minor who has reached the age of 16 and emancipation by law as a result of the minor's marriage. In order to achieve this objective, the paper begins with a brief presentation of the historical foundations of the emancipation of minors, then continues with an analysis from a theoretical and jurisprudential perspective of the substantive conditions and, in the case of judicial emancipation, of the procedural conditions, ending with a reflection on the consequences produced by this institution in the civil law branch, but also in other branches of law.

Keywords: minor, emancipation, full legal capacity, discernment, good reason, marriage.

Rezumat

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