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

Autores

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

Publicación externa

No

Medio

Cad. Dereito Actual

Alcance

Article

Naturaleza

Científica

Cuartil JCR

Cuartil SJR

Fecha de publicacion

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.

Palabras clave

adulthood; emancipation; minority; ability; age

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