Article 11 - Emancipation
- A minor who has attained the age of sixteen may be emancipated by:
- Marriage lawfully contracted.
- Decree of a competent authority, upon application by the minor with the consent of the person exercising parental authority, or in the absence of such consent, where the authority is satisfied that emancipation serves the best interests of the minor.
- An application for emancipation by decree shall set out the grounds on which emancipation is sought. The competent authority shall consider:
- The maturity and judgement of the minor.
- The minor's ability to manage their own affairs and support themselves.
- The views of the person exercising parental authority, and the reasons for any refusal of consent.
- The overall welfare and best interests of the minor.
- Emancipation confers upon the minor full capacity to act, equivalent to that of a person of full age, subject to the following exceptions:
- An emancipated minor may not act as guardian or curator for another person.
- An emancipated minor may not make gifts exceeding limits prescribed by regulation.
- An emancipated minor may not stand as surety or guarantor without the authorisation of a competent authority.
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An emancipated minor exercises parental authority over their own children, if any, with the same rights and duties as a person of full age.
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Emancipation is irrevocable, save where it was obtained by fraud or material misrepresentation, in which case it may be annulled by decree of a competent authority. Annulment does not affect the validity of acts performed in good faith between the date of emancipation and the date of annulment.
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Emancipation by marriage subsists even if the marriage is subsequently dissolved, unless the emancipated minor has not yet attained the age of majority and a competent authority orders the restoration of parental authority in the best interests of the minor.
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Emancipation shall be recorded in the civil status register and takes effect from the date of the marriage or the date of the decree, as the case may be.