Law to better protect
Find out more about the changes that will have a direct impact on the lives of thousands of vulnerable people and their loved ones.
SUBSCRIBE TO OUR NEWSLETTER (in French)!
Note that the Curateur public will never ask for personal or confidential information in its newsletters.
With full emancipation, the minor enjoys full legal capacity over their property. However, this type of emancipation has serious consequences for them. They become fully responsible for their actions, in the same way as a person of full age. They may no longer claim the protection granted to minors under the Civil Code of Québec. Among others, they may no longer ask the court to cancel an act that has caused them prejudice.
The age at which a court grants full emancipation is left to its discretion; the Civil Code of Québec does not specify a particular age.
The judge will rule in the minor’s best interests, taking into account their maturity and degree of discernment. Before reaching a decision, the judge consults the parents, dative tutor or suppletive tutor, and the tutorship council if there is one.
Full emancipation is obtained in one of two ways:
For emancipation by judicial decision, only the minor may apply to the court, and the reasons put forward must be valid. The minor must inform the Curateur public in writing of their application and enclose a copy of the opinion of the tutorship council, if there is one.
Once a minor is fully emancipated, they may exercise all their civil rights. They may sign a lease, buy, sell and mortgage property, enter into a contract, make a will and make donations, even substantial ones.
They also take on all the obligations of majority.
The law allows minors three years in which to institute legal proceedings against their tutor. This three-year prescription period begins at the time they obtain full emancipation.