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Law to better protect
vulnerable persons
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Acts | Simply emancipated minor | Fully emancipated minor |
---|---|---|
Rent a residence or commercial premises | May act alone | May act alone |
Sue for damages | May act alone | May act alone |
Donate property | Donation must not substantially reduce minor’s patrimony | May act alone |
Accept gift with obligation | Minor must be represented by tutor after authorization by tutorship council | May act alone |
Renounce inheritance | Minor must be represented by tutor after authorization by tutorship council | May act alone |
Lend or borrow substantial amounts | Must be authorized by the court, which takes the tutor’s opinion into account | May act alone |
Sell or mortgage real estate or company | Must be authorized by the court, which takes the tutor’s opinion into account | May act alone |
Make a will | Only for low-value property | May act alone |
Marry without tutor’s authorization | Not permitted | May act alone |
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 | A simply or fully emancipated minor must be 18 | |
Enter public places prohibited to persons under 18 | A simply or fully emancipated minor must be 18 | |
Receive benefits reserved for persons over 18 | A simply or fully emancipated minor must be 18 |
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) |