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Simple emancipation is an intermediate status. It does not end minority, nor does it confer all the rights of majority. However, a minor who obtains simple emancipation has more autonomy because they are able to manage their property.
The age at which a court grants simple emancipation is left to its discretion; the Civil Code of Québec does not specify an age (but the minor must be 16 if a declaration is filed with the Curateur public).
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.
There are two possible ways:
A simply emancipated minor may not claim prejudice before the court in the case of contracts that they were not legally capable of signing without their tutor’s assistance.
The child is no longer subject to parental authority. This means that without the help of their parents or tutor, they may:
This is what the Civil Code (articles 1301 to 1305) calls exercising simple administration.
The parents or dative or suppletive tutor are fully responsible if they refuse to assist the simply emancipated minor or assist them improperly.
A simply emancipated minor must be assisted by their parents or dative or suppletive tutor for all acts other than those listed above. This means they continue to be represented by their tutor for acts such as:
For other acts (e.g. getting married), they must obtain their tutor’s consent.
The minor must obtain authorization from the court, which takes into account the opinion of their parents or dative or suppletive tutor, in order to:
Even with their tutor’s assistance, the minor is still not allowed to:
The law allows minors three years in which to institute legal proceedings against their tutor. This three-year prescription period only begins when the minor turns 18.