Legal Acts and Capacity of Minors by Age

Legal Acts and Capacity of Minors

We list a number of acts for which the law recognizes the child a certain sphere of capacity. They differ because:

a) Acts the child can accomplish alone

i. After 14 years

1. A minor can marry (with waiver).
2. They can make a will and may even be a witness in court.

ii. From age 16

1. The ordinary administration of the assets acquired through their labor and industry.
2. Request judicial emancipation, or, if under guardianship, obtain the so-called benefit of majority.

iii. Not subject to any age limit

1. Accept donations that are not conditional or onerous.
2. Perform all actions relating to their rights if they have sufficient legal capacity.

b) Acts requiring consent or judicial authorization

Acts which the child can perform with the consent of their legal representatives or, where appropriate, with judicial authorization:

1. Choosing nationality or changing marital status.
2. Implement the special administration of the assets acquired through their labor and industry.
3. With court authorization, to recognize a child even if not yet 14 years old.

c) Acts performed by legal representatives but requiring the minor's consent

1. Adoption of the child, when the child is older than 12 years (minor's consent required).
2. To grant the emancipation of the minor or the so-called benefit of majority (with the minor's consent).
3. Enter into contracts requiring the child to perform personal services, provided the child has sufficient legal capacity.

d) Acts requiring the minor's own consent

1. Give up their rights (only valid with the minor's consent).
2. Encumber or dispose of real estate, commercial or industrial establishments, or items of extraordinary value (only with the minor's consent).
3. Repudiate an inheritance or legacy, provided the child is at least 16 years old.

e) Acts involving emancipated minors and hearing rights

Acts in which an emancipated minor is involved that may not be binding; these are cases in which the minor must be heard:

1. In cases of adoption, when the minor is under 12 years.
2. The establishment of a guardianship, so that the minor may appoint a defense attorney.
3. When, in a marital crisis proceeding, actions are to be taken regarding education and childcare; in such cases, the child who has sufficient understanding — and in any case a child older than 12 years — must always be heard.

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