Tuesday, July 27, 2021

Termination of minority


 By virtue of Article 310 (RFC), the lessened capacity of the minor shall cease upon his attainment of majority (i.e. –eighteen years) or upon being emancipated.  And, pursuant to Articles 311 to 314 (RFC), emancipation of a minor results from marriage or explicit emancipation. 

 

a) Emancipation due to marriage 

Article 7/1 of the Revised Family Code (RFC) prohibits both genders from concluding marriage before the attainment of the full age of eighteen years.  As exception to this stipulation, Article 7/2 (RFC) enables the Minister of Justice to grant dispensation of not more than two years upon the application of future spouses, or the parents or guardian of one of them, for serious cause.   

 

This provision is an amendment to Articles 581 and 607 of the Civil Code which allow marriage for a woman upon her attainment of fifteen years. Article 7/2 of the Revised Family Code which substitutes Article 581/2 of the Civil Code creates the possibility of marriage for the man or the woman since their attainment of sixteen years, under the circumstances stated under Article 7/2 (RFC) .   

 

The dispensation is granted both under the Civil Code (581/2) and the Revised Family Code (Art.7/2) thereby rendering marriage possible before the attainment of majority.  Such marriage emancipates the minor by virtue of Article 311 of Revised Family Code and Article 329 of the Civil Code.  The Revised Family Code hasn’t yet wholly substituted the family law provisions of the Civil Code of 1960 because it is up to the regions to adopt the new Code at their own pace. 

 

b) Explicit emancipation 

Article 312/1 of the Revised Family Code allows the guardian or tutor of a minor or any interested party to apply to court for the emancipation of a minor who has attained the age of fourteen years.  The court may emancipate the minor after considering the factors stated under Article 312/2 of the Revised Family Code. 

 

c) Effects and irrevocability of emancipation 

An emancipated minor is deemed to have attained majority (Art.313 RFC).  And the emancipation of the minor cannot be revoked (314/1 RFC) despite the dissolution of the marriage (314/2 -RFC).  The only exception where a court may revoke a minor’s emancipation (Art. 314/3 RFC) is where it has pronounced the dissolution of the marriage on the ground that one of the spouses (or both) had not attained the age prescribed by law for marriage.     

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