Brief Considerations on the Acquirement in Advance by the Minor of the Full Capacity of Exercise
Brief Considerations on the Acquirement in Advance by the Minor of the Full Capacity of Exercise

Summary/Abstract: The current paper debates an exception from the principle according to which the full capacity of exercise shall be acquired at the age of 18, namely its acquisition in advance using the legal means by the minor who has turned the age of 16. Because a legal institution can only be completely understood if the starting point are its fundaments, the study initiates an excursion in the history of the private law, showing that the exception regarding the anticipated capacity of exercise of the minor in the current law originates in the Roman law, but also in the Civil Code of 1864 which stated the “emancipation of the minor”. Thus, starting from the historical fundaments of this institution, the study aims to identify and clarify the conditions in which the exception stated by Art. 40 of the current Civil Code operates.

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