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Doctrine and Jurisprudence in spanish Civil Law on the incidence of age on the capacity of the person

Authors

Mesa Torres, Maria del Pilar , LLAQUET DE ENTRAMBASAGUAS, JOSÉ LUIS

External publication

No

Means

Cad. Dereito Actual

Scope

Article

Nature

Científica

JCR Quartile

SJR Quartile

Publication date

01/01/2021

ISI

000742395200009

Abstract

In the light of recent legislative provisions and jurisprudential resolutions affecting Spanish Civil Law, the purpose of this article is to examine the issues debated in current legal doctrine which relate to the age of a person and their impact on that person's capacity, as well as defining any legal consequences that arise. In Spain, a basic age of majority is established, along with the consequent generalization of rights and responsibilities, although other legal minimum ages are also set for certain actions. Next, the origin, evolution and current status quo of the emancipation is analysed because informs and modifies the minor's ability to act. Finally, the historical evolution of the concept of minority from Roman times to the present day is examined, and the current regulation that determines where the responsibility lies for the unlawful actions of minors is exposed.

Keywords

adulthood; emancipation; minority; ability; age

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