Nepilnamečių emancipacija: nuolatinis ar eksperimentinis statusas

Abstract

This paper presents the institution of emancipation. Originally emancipation was a form of punishment for a minor but over the years it has become a benefit granted by the law under certain conditions authorizing the termination of minority status. One important meaning of emancipation is that it ends the parental obligation of support and it entitles a minor to administer his/her life and his/her property as if he/her were of age. In other words, an emancipated minor has the capacity of all civil law acts in the same way as an adult. This article analyzes minors’ emancipation in Lithuania from the beginning of the process until 1940’s, then follows from 1940’s to 1990’s and finally looks at the same institution from the 1st of July, 2001 (i. e. when the New Civil Code came into force). At the beginning minors were viewed as totally independent or their independency was limited by the tutor, court or Family board. From 1990 Lithuanian law recognized emancipation only when court licensed the marriage between the persons under the age of 18. Moreover, the New Civil Code legitimated minor’s emancipation after the application of the minor, his/her parents, tutor or guardianship institution. However, also norms that can abrogate the latter form of emancipation exist. Thus, emancipation is not necessarily a stable status. It is suggested to give up the standards, which provide the right to annul emancipation, and when necessary a, apply the law limiting the status of the adult. This article contains examples of to the institution of emancipation in many other countries (i. e. Russia, Latvia, France, Italy etc.) as well and makes several suggestions.