Emancipation sounds like becoming an adult, and in a certain sense it is. Emancipation is the way a minor declares himself of age and has the legal authority to decide on certain issues.
In other words, acquiring the rights of adulthood, even without having reached the age of 18.
Causes of emancipation
Emancipation is an irrevocable process except by court order. Furthermore, it is necessary that this emancipation occurs for one of the legally established reasons.
What are the reasons for emancipation? They can be summarized in three:
Upon reaching the age of majority
Logically, and as recognized by article 240 of the Civil Code, once you reach the age of 18 you are of legal age and can do things like apply for a mortgage (another thing is whether you are granted one if you do not meet certain minimum requirements ).
By concession of those who exercise parental authority
This concession occurs when the parents consent to the emancipation of the minor from the age of 16. However, parents or legal guardians cannot request or enforce such emancipation.
By judicial concession
When a minor requests emancipation, a judge studies his case and decides whether or not to grant emancipation. Beforehand, he will speak with the parents, as is normal. Again, there are a number of reasons why the judge may allow the minor to be emancipated. According to article 244 of the Civil Code, they are the following:
1. When the person exercising parental authority marries or cohabits with a person other than the other parent. That is, when the father or mother who has custody remarries.
2. When the parents live separately.
3. When any cause arises that seriously hinders the exercise of parental authority. That is, if the judge finds that the parents are not fulfilling their obligations as they should.
In addition, emancipation through independent living can be used when the son or daughter over 16 years of age is financially independent and lives in the same way with the consent of the parents. However, this type of emancipation is revocable and is no longer expressly included in the Civil Code.
Emancipation classes
There are also two types of emancipation:
• Judicial emancipation , which occurs in the case of abuse or abandonment by the parents, when there is a conviction against the parents that constitutes a penalty or if there is some physical or moral impediment of the father or mother and the other parent does not have custody.
• Legal emancipation , in the event of the death of the father or mother, provided that there is no one who can exercise parental authority, in the case of marriage or having reached the age of 18.
When can a person be emancipated?
As a general rule, a minor cannot be emancipated until he or she has turned 16. At that time, he or she may do so by agreement with his or her parents or by judicial concession.
Limitations of the emancipated minor
Emancipation means reaching the age of majority before time, although this majority is not universal, it has its limits. There are certain matters for which the minor will still need the consent of his or her parents or legal counsel. For example, article 247 of the Civil Code limits the capacity of the minor to “borrow money, encumber or transfer real estate and commercial or industrial establishments or objects of extraordinary value without the consent of his or her parents and, in the absence of both, without the consent of his or her legal counsel.”
In other words, you must be of legal age to apply for a mortgage or to sell a house or business.
You will also need authorization to become someone else's guardian or to accept an inheritance without benefit of inventory.
Is it possible to force a minor to emancipate?
No, parents cannot force a minor child to become emancipated, but this will happen once he or she turns 18.
In any case, emancipation should not be confused with being able to forget about responsibilities towards the minor. Even if the minor is emancipated, the parents still have the responsibility to provide the minor with food, sustenance, shelter and clothing. In these cases, the child will have to claim this right before the judge if it is not granted naturally.
