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The natural person’s anticipated full capacity of exercise as provided by the Civil Code

Author

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  • Sevastian CERCEL

    (“C.S. Nicolaescu-Plopsor” Institute for Research in Social Studies and Humanities from Craiova, of the Romanian Academy / University of Craiova, Faculty of Law)

Abstract

In the system of the 1864 Civil Code, the emancipated minor acquired a limited capacity, and the emancipation was a period of transition between full incapacity and full freedom. The 1954 system maintains “implied emancipation”, but removes the term reminding of the past and allows only women to marry before turning 18. In addition, through the “limited” capacity of exercise, minors aged 14–18, regardless of sex, acquire an “intermediate” capacity. In search of a balance between tradition and modernity, the current system maintains “implied emancipation”, preserves the “antechamber” of full capacity and restores “express emancipation”. Two hypotheses are regulated, i.e. when a natural person can acquire full capacity of exercise before turning 18: the conclusion of a valid marriage and judicial recognition. In both cases, the minimum age required is 16 years and specific “solid grounds” must be proved.

Suggested Citation

  • Sevastian CERCEL, 2021. "The natural person’s anticipated full capacity of exercise as provided by the Civil Code," Anuarul Institutului de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” (“C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities Yearbook (CSNIPSSH Yearbook)), Institutul de Cercetări Socio-Umane „C.S. Nicolăescu-Plopșor” al Academiei Române, issue XXII, pages 105-127, December.
    • Handle: RePEc:azn:journl:y:2021:i:xxii:p:105-127
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