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Concept
Émancipation (droit)
Résumé
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.
Depending on jurisdiction, a child may be emancipated by acts such as child marriage, attaining economic self-sufficiency, obtaining an educational degree or diploma, or military service. In the United States, all states have some form of emancipation of minors.
Even without a court proceeding, some jurisdictions will find a minor to be emancipated for purposes of making a decision in the absence of the minor's parents or guardians. For example, a child in most jurisdictions can enter into a binding contract to procure their own basic needs. However, when a child's needs are not provided by a parent, the child is often deemed a ward of the state and receives a court-appointed guardian.
In Roman law the father of the extended household, the pater familias, exercised autocratic authority through patria potestas including his wife, his children and his slaves. Such rights persisted through feudal and English common law, assigning most people the status of personal property (chattel). In common law, emancipation is the freeing of someone from this control. It grants the emancipated the ability to legally engage in civil actions, and frees the former owner of liability.
In common-law jurisdictions, chattel slavery was abolished during the 19th century and married women were given independent rights during the 19th and at the start of the 20th century. Later during the 20th century, common law jurisdictions split over both children's rights and youth rights; in some, such as the USA, a traditional father's control became a right to shared parental control and emancipation remained a remedy for mature minors, but in others, for example England, the idea of absolute control over minors has been repudiated; parent's responsibilities are emphasized and children's rights promoted.
Source officielle
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