Full Legal Capacity Acquired before the Age of Majority
Full Legal Capacity Acquired before the Age of Majority

Summary/Abstract: The legal capacity to exercise rights concerns one’s aptitude to conclude civil legal acts by oneself. The existence and the quality of mental capacity are taken into account in this field, therefore it is considered that the “life experience” which is necessary for “one’s own legal life” is acquired gradually, with age. Civil law regulates three distinct situations: a. the lack of legal capacity of minors up to 14 years of age; b. limited legal capacity of minors between 14 and 18 years of age; c. full legal capacity, starting when a person has turned 18. There are two exceptions to the rule of acquiring full legal capacity to exercise rights when attaining the age of majority. First, the minor acquires full legal capacity by marriage. On the other hand, on serious grounds, the guardianship court may recognize the full legal capacity of the minor who has turned 16. This latter exception, regulated in the 1864 Romanian Civil Code, was abandoned during the communist regime and is now “rediscovered”.

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