Wednesday, May 4, 2011

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CIVIL LAW: FAMILY: Emancipation and the Law N º 26,579


Law No. 26,579, introduced significant changes to the Civil Code, which has reformed the system of Emancipation.

In principle we can say that as one of the modifications fundamental set of age at 18 years (remember that until the entry into force of this rule, the age of majority was set at twenty (21) years), this amendment is in accordance with the provisions of Article 1 of the Convention on the Rights of the Child:

"For the purposes of this Convention, a child means every human being below the age of eighteen years unless, under the law applicable to him, is attained earlier the majority. "Emancipation



Until the entry into force of the new law, emancipation, which we briefly define what is seeks to empower a child to regulate their person and property as if it were an adult, basically divided into two types, enabling the emancipation and the emancipation age for marriage.

Emancipation by age (for minors who have attained eighteen years) was the empowerment of a child to regulate their person and property as if it were an adult, with the limits imposed by the Civil Code. This could occur by granting those exercising parental authority or judicial authorization or marriage of the child.

rating Emancipation by age, referred to in the third paragraph of Article 131 of the Civil Code, was repealed because Law No. 26,579 established the age of majority at eighteen (18) years.

In short, currently in force was only the "emancipation by marriage"

"Article 131: Minors to marry, become emancipated and acquired civil capacity, with the restrictions laid down in Article 134.
If they had married without authorization does not have until the age of administration and disposition of property received or that they receive free of charge, continuing on to them the existing legal regime of the children. "

Law No. 23,515, provided for in Article 166 paragraph 5 º as a prerequisite for marriage, have sixteen (16) years for women and eighteen (18) the man, later Law No. 26,449 amended the said subsection and established the age of eighteen (18) years for both women as for the male. Law No. 26,579, it says further amendment to art. 166, inc. 5, only sustained the age criterion for marriage at eighteen 18.


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