Empowerment of a minor
Verified 13 September 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Would you like to know how a minor can be emancipated, what it is about, what acts he can perform alone or even know the effects of this procedure? We'll give you the information you need.
Emancipation is the act by which a minor is legally assimilated to an adult and can perform alone acts requiring a legal majority.
Emancipation has an impact on both the minor and his or her parents. Once emancipated, the minor is no longer under the authority of his parents and has the right to legal capacity.
The emancipation of a child takes place essentially on the decision of the guardianship judge at the request of his or her parent(s), or in the case of guardianship of the minor, of family council. However, it may be obtained automatically, with the agreement of the public prosecutor following the minor's marriage.
The minor must be 16 years of age (i.e. 16 years and 1 day) before the application can be made.
The request for emancipation must be based on valid reasons and in the best interests of the child (e.g. in case of conflict with the parents).
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The emancipation of the child can be requested together by his 2 parents.
It can also be requested by only one of the 2 parents in case of disagreement between them or if only one of them exercise parental authority.
The parent(s) must refer the case to the juvenile guardianship judge, i.e. the family court judge (Jaf) of the court of the place of the minor's habitual residence or the domicile of his/her legal representative (parents, guardian, guardian).
To do this, it is necessary to use the following form:
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The minor cannot refer the case to the judge himself, but he must be heard by him. This is due to the fact that he does not have the capacity to take legal action because of his age.
if the parents disagree, the parent who has not applied for emancipation must, in principle, be heard by the judge. However, an exception exists if the parent is unable to express his or her will (e.g. a parent under guardianship).
By the family council or the minor
The emancipation of the child, placed under guardianship, may be requested by the family council in any of the following 3 situations:
- Deceased parents
- Parents who have lost their parental authority, i.e. they have lost the opportunity to exercise their rights and duties towards their child
- Parents unable to express their will
It goes back to the guardian request the judge to convene the family council to deliberate on the child's request for emancipation.
In the absence of any action by the guardian, a member of the family council (or the minor himself) may ask the judge to convene the family council.
The Family Council must refer the case to the Judge responsible for guardianship of minors, i.e. the Judge responsible for family matters (Jaf) of the court of the place of the minor's habitual residence or of the guardian's domicile.
He can do it by simple request delivered or addressed to the court registry.
The miner is obligatory heard by the judge.
A minor is automatically emancipated by marriage, regardless of age. The exemption to marry before age 18 is granted by the public prosecutor for serious reasons and with parental consent.
The decision of the judge, pronouncing or refusing emancipation, may be appealed to the Court of Appeal, in 15 days according to its notification.
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The emancipated minor is capable, as a major, of all acts of civil life : he can enter into an employment contract, sign a sale, take out a credit...
The emancipated minor must, if he has personal income, file a tax return. His parents will also have to make a declaration of non-attachment.
However, certain acts considered serious are prohibited:
- He cannot marry or consent to his adoption without the consent of his parents.
- He cannot be a trader without the authorization of the guardianship judge at the time of his emancipation (or of the president of the court after his emancipation).
The emancipated minor ceases to be under the authority of his parents. They are no longer liable for any damage (material damage, such as damage to a vehicle) that the minor may cause.
The emancipated minor can thus choose the place where he will live, his frequentation and leisure activities, his professional orientation.
On the other hand, parents must continue to contribute to the maintenance and education of their child (tuition fees, medical care, clothing, etc.).
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