Minors – Emancipation of Minor – Louisiana
There are three kinds of emancipation:
1. Emancipation conferring the power of administration.
2. Emancipation by marriage.
3. Emancipation relieving the minor from the time prescribed by law for attaining the age of majority.
Title 8, Chap. 2, Sec. 1, Art. 365. Kinds of emancipation.
SECTION 2. OF EMANCIPATION CONFERRING
THE POWER OF ADMINISTRATION
Emancipation by notarial act
The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.
This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.
Title 8, Chap. 2, Sec. 2, Art. 366.
Emancipation by reason of ill treatment.
The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.
Title 8, Chap. 2, Sec. 2, Art. 368.
Emancipated minor’s powers of administration.
The minor who is emancipated has the full administration of his estate, and may pass all acts which are confined to such administration, grant leases, receive his revenues and moneys which may be due to him, and give receipts for the same.
Title 8, Chap. 2, Sec. 2, Art. 370.
Limitation on contractual capacity.
He can not bind himself legally by promise or obligation for any sum exceeding the amount of one year of his revenue.
Title 8, Chap. 2, Sec. 2, Art. 371.
Limitations on contractual liability; lesion.
The minor who is emancipated has no right to claim a restitution on the plea of simple lesion * against acts of simple administration.
He has no right either to claim a restitution for simple lesion* against obligations or promises which do not exceed the amount of one year of his revenue.
If, however, he has contracted in the same year, towards one or more creditors, several obligations, each of which does not exceed the amount of one year of his revenue, but which together exceed that amount, these obligations may be reduced according to the discretion of the judge, whose duty it shall be in such case, to take into consideration the estate of the minor, the probity or dishonesty of the persons who have dealt with him, and the utility and inutility of the expenses.
* English translation of French text incomplete; should include “or of failure to invest.”
Title 8, Chap. 2, Sec. 2, Art. 372.
Limitation on power of alienation; authority of tutor, undertutor or administrator.
The emancipated minor who has only the power of administration of his estate cannot alienate, affect or mortgage any of his immovable property without the authorization of the court, on the recommendation of his tutor or of the administrator of his estate, as the case may be, in accordance with the applicable provisions of the Code of Civil Procedure. The authority of the tutor and undertutor, or of the administrator of his estate, of such a minor continues for these purposes after his emancipation until the minor reaches the age of eighteen years.
Title 8, Chap. 2, Sec. 2, Art. 373.
Limitation on right to make donations.
The emancipated minor has no right to dispose of his movables or immovables by donation intervivos unless it be by marriage contract in favor of the person to whom he is to be married.
Title 8, Chap. 2, Sec. 2, Art. 374.
General capacity concerning trade.
The emancipated minor who is engaged in trade, is considered as having arrived at the age of majority, for all the acts which have any relation to such trade.
Title 8, Chap. 2, Sec. 2, Art. 376.
Causes for revocation of emancipation.
The emancipation, whatever be the manner in which it may have been effected, may be revoked, whenever the minor contracts engagements which exceed the limits prescribed by law.
Title 8, Chap. 2, Sec. 2, Art. 377.
Effect of revocation.
The revocation of emancipation places the minor under the same authority to which he was subject previous to his being emancipated.
But if he has been emancipated against the will of his father and mother, for excessive ill treatment, refusal to support him, or corrupt examples given him, another tutor shall be appointed in the manner provided by law.
Title 8, Chap. 2, Sec. 2, Art. 378.
SECTION 3–OF EMANCIPATION BY MARRIAGE
Emancipation by marriage.
The minor, whether male or female, is emancipated of right by marriage.
Title 8, Chap. 2, Sec. 3, Art. 379.
Right to appear in court.
The minor, emancipated by marriage, can appear in courts of justice without the assistance of a curator.
Title 8, Chap. 2, Sec. 3, Art. 380.
Accounting of former tutor.
The minor, emancipated by marriage, may demand an account from his tutor and a settlement of the tutorship. The tutor is bound to pay him the balance ascertained to be due, and to deliver the property in his hands belonging to such minor.
Title 8, Chap. 2, Sec. 3, Art. 381.
Special effects of emancipation by marriage.
A married minor below the age of sixteen years has the power of administration of his estate; but he cannot alienate, affect, or mortgage any of his immovable property without the authorization of the court, as provided in Article 373. The authority of the tutor or undertutor, or of the administrator of his estate, of such a minor continues for these purposes after the minor’s marriage until the minor reaches the age of sixteen years.
Title 8, Chap. 2, Sec. 3, Art. 382.
Irrevocability of emancipation by marriage.
This emancipation can not be revoked.
Title 8, Chap. 2, Sec. 3, Art. 383.
In other respects, minors emancipated by marriage are bound by the rules laid down in the preceding section.
Title 8, Chap. 2, Sec. 3, Art. 384.
SECTION 4–OF EMANCIPATION RELIEVING THE MINOR
FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING
THE AGE OF MAJORITY
Emancipation of minor sixteen years or older.
A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Articles 3991 through 3994 of the Louisiana Code of Civil Procedure.
Title 8, Chap. 2, Sec. 4, Art. 385.