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Civil Code of Quebec and rights of the minor

The table below summarizes the main acts that a minor child may or may not accomplish under the Civil Code of Québec. This is not an exhaustive list.

Acts the minor may generally accomplish

Article

Act

Remarks

157

Use own patrimony for normal everyday needs

As appropriate to age and discernment

220

Manage own salary

Includes allowances paid to minor for their normal everyday needs, unless court rules otherwise

1813

Make donations

 

 

Low-value property, regardless of the minor's patrimony 

 

1814

Accept donations

708

Make a will

Acts the minor may accomplish under certain conditions

Article

Act

Remarks

156

Acts associated with their job, craft or profession

Minor must be 14

172

Donations

Minor must be emancipated and the donation must not significantly reduce their capital

155 et 373

Marriage

Conditions:

  • Minor must be 16
  • Tutor's consent required

Marriage results in full emancipation of the minor and gives them the capacity to exercise all their civil rights.

434

Marriage contract (marriage settlements)

Minor must be authorized by the court on the advice of the tutor

155 et 373

Divorce

To begin formalities, minor must first obtain the authorization of the court

159

Legal proceedings

Minor must obtain court authorization in order to institute alone proceedings regarding their status, the exercising of parental authority or an act in connection with which they are authorized to act alone. 

Acts the minor may not accomplish

Article

Act

Remarks

521.1C

Civil union

Must be at least 18

708

Will

Minor may not bequeath items of value

783

Liquidation of estate

 

1813

Donations

Even if represented by their tutor, minor may not make high-value donations

211

Accept donations with obligations

 

Consequences of accomplishing an act not authorized by law

Article

Act

Remarks

161

Minor accomplishes an act for which they may neither act alone nor be represented

Act is declared null and void

163

Minor accomplishes alone an act requiring authorization of tutorship council 

Act may be cancelled or the resulting obligations may be reduced, provided the minor has suffered prejudice

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Last modification: 2009-11-20
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