About Civil Legal Documents which Minors can conclude themselves

Résumé

By Law no. 140/2022, a series of changes were also made to the legal norms regarding the capacity to exercise, included in the Civil Code, not only concerning the persons who benefit from the new protection measures - special guardianship and judicial counselling -, but also to those applicable to minors. Our analysis aims to highlight the changes and clarify some of the issues raised by the opinions already formulated in the doctrine regarding them. Thus, we have shown that, theoretically, a person under the age of 14 can, in exceptional cases, have full capacity to exercise. We have also concluded that injury cannot be invoked in the case of acts of preservation and those of disposition of small value, and that not all situations in which a person is heard presuppose the conclusion, by him, of a legal document. In addition, we have identified a new case of virtual relative nullity, when the substantive condition required by art. 276 Civil Code at the conclusion of marriage, is not fulfilled. Finally, I have referred to the assimilation of the acceptance of inheritance and liberalities without burdens in the category of administrative documents, and I have criticised the opinion according to which art. 42 Civil Code applies to all minors.