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Le Curateur public du Québec
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  • Protection of persons of full age
  • Tutorship to the property of a minor
    • People involved
    • Protection of property
    • Rights of the minor
      • Emancipation
        • Simple emancipation
        • Full emancipation
        • Comparative table
      • Civil Code and rights of the minor
    • Role of the Curateur public
    • You are a… minor child
    • You are… parents or dative tutor
    • You are a… tutorship council
    • You are a… donor, liquidator, insurer
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  • Tutorship to the property of a minor
  • Rights of the minor
  • Emancipation
  • Comparative table

Comparating simple and full emancipation

Legal capacity of an emancipated minor

Acts

 

Simply emancipated minor

Fully emancipated minor

Rent a residence or commercial premises

 

 

MAY
ACT
ALONE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MAY
ACT
ALONE

Sue for damages

Donate property

Donation must not substantially reduce minor's patrimony

Accept gift with obligation

Minor must be represented by tutor after authorization by tutorship council

Renounce inheritance

Lend or borrow substantial amounts

 

Must be authorized by the court, which takes the tutor's opinion into account

Sell or mortgage real estate or company

Make a will

Only for low-value property

Marry without tutor's authorization

Not permitted

Claim prejudice from a contract before the court

Only for contracts in which tutor's assistance is required

Loses advantages of protection of minors

3-year prescription period for recourse against tutor

Starts at age 18

Starts upon full emancipation

Vote

 

 

 

 

A SIMPLY OR
FULLY EMANCIPATED
MINOR
MUST BE 18

 

Form a company or be a company director

Enter public places prohibited to persons under 18

Receive benefits reserved for persons over 18

 

Whether an emancipated minor is subject to legislation concerning minors

Legislation

Simply emancipated minor

Fully emancipated minor

Articles in the Civil Code of Québec concerning protection of the minor

YES

NO

Youth Protection Act

YES

(up to age 18)

 

YES

(up to age 18)

 

Youth Criminal Justice Act

YES

(up to age 18)

 

YES

(up to age 18)

 

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Last modification: 2009-11-20
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