LexInter | May 5, 2004 | 0 Comments

MAJORITY MINORITY

CHAPTER I MAJORITY AND MINORITY

SECTION I MAJORITY

  1. The age of majority is set at 18 years.

The person, until then a minor, becomes capable of fully exercising all his civil rights.

1991, c. 64, a. 153.

  1. The capacity of a person of full age can only be limited by an express provision of the law or by a judgment declaring the opening of protective supervision.

1991, c. 64, a. 154.

SECTION II MINORITY

  1. A minor exercises his civil rights only to the extent provided by law.

1991, c. 64, a. 155.

  1. A minor aged 14 and over is deemed to have reached full age for all acts relating to his employment, or to the exercise of his art or profession.

1991, c. 64, a. 156.

  1. A minor may, taking into account his age and his discernment, contract alone to meet his ordinary and customary needs.

1991, c. 64, a. 157.

  1. Except in cases where he can act alone, the minor is represented by his tutor for the exercise of his civil rights.

Unless the law or the nature of the act does not allow it, the act that the minor can do alone can also be validly done by his representative.

1991, c. 64, a. 158.

  1. The minor must be represented in court by his guardian; its actions are carried in the name of the latter.

However, the minor may, with the authorization of the court, bring alone an action relating to his condition, to the exercise of parental authority or to an act in respect of which he may act alone; in these cases, he can act alone in defense.

1991, c. 64, a. 159.

  1. The minor can invoke alone, in defense, the irregularity resulting from the lack of representation or the incapacity resulting from his minority.

1991, c. 64, a. 160.

  1. The act done alone by the minor, when the law does not allow him to act alone or represented, is absolutely null.

1991, c. 64, a. 161.

  1. The act performed by the tutor without the authorization of the court, although this is required by the nature of the act, may be annulled at the request of the minor, without it being necessary to establish that ‘he suffered prejudice.

1991, c. 64, a. 162.

  1. The act done alone by the minor or done by the tutor without the authorization of the tutorship council, when this is required by the nature of the act, cannot be annulled or the obligations resulting therefrom reduced. , at the request of the minor, only if he suffers from it.

1991, c. 64, a. 163.

  1. A minor may not bring an action for nullity or reduction of his obligations when the damage he suffers results from a casual and unforeseen event.

Neither can he avoid the extra-contractual obligation to repair the damage caused to others by his fault.

1991, c. 64, a. 164.

  1. The simple declaration made by a minor that he is of age does not deprive him of his action for nullity or reduction of his obligations

1991, c. 64, a. 165.

  1. A minor who has become of age may confirm the act done alone in a minority, when he had to be represented. After the presentation of the tutorship account, he can also confirm the act made by his tutor without all the formalities having been observed.

1991, c. 64, a. 166.

SECTION III EMANCIPATION

  • 1. – Simple emancipation
  1. The tutor may, with the agreement of the tutorship council, emancipate a minor 16 years of age and over who so requests, by filing a declaration to this effect with the public curator.

The emancipation takes effect at the time of the filing of this declaration.

1991, c. 64, a. 167.

  1. The court may also, after obtaining the advice of the tutor and, where applicable, of the tutorship council, emancipate the minor.

The minor can ask for his emancipation alone.

1991, c. 64, a. 168.

  1. The tutor must render an account of his administration to the emancipated minor; he continues, however, to assist him free of charge.

1991, c. 64, a. 169.

  1. Emancipation does not put an end to the minority and does not confer all the rights resulting from the majority, but it releases the minor from the obligation to be represented for the exercise of his civil rights.

1991, c. 64, a. 170.

  1. Anemancipated minor may establish his own domicile; he ceases to be under the authority of his father and mother.

1991, c. 64, a. 171.

  1. Inaddition to the acts that the minor can do alone, the emancipated minor can perform all acts of simple administration; he can thus, as a tenant, enter into leases for a term of up to three years or donate goods according to his faculties if he does not significantly reduce his capital.

1991, c. 64, a. 172.

  1. Anemancipated minor must be assisted by his guardian for all acts exceeding simple administration, in particular to accept a gift with charge or to renounce a succession.

The act performed without assistance can only be annulled or the obligations resulting from it reduced if the minor suffers from it.

1991, c. 64, a. 173.

  1. Loans or considerable borrowings, having regard to the patrimony of the emancipated minor, and acts of alienation of a building or a company must be authorized by the court, on the advice of the tutor. Otherwise, the act cannot be annulled or the obligations resulting from it reduced, at the request of the minor, unless he suffers from it.

1991, c. 64, a. 174.

  • 2. – Full emancipation
  1. Full emancipation takes place through marriage.

It can also, at the minor’s request, be declared by the court for a serious reason; in this case, the holder of parental authority, the guardian and any person who has custody of the minor must be called upon to give their opinion as well as, if necessary, the tutorship council.

1991, c. 64, a. 175.

  1. Full emancipation makes the minor capable, as if he were of age, to exercise his civil rights.

1991, c. 64, a. 176.

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