Emanciparea minorului în sistemul Codului civil

Rezumat

The present study aims to analyse the institution of emancipation, starting from its historical origins in Roman law and following its evolution in Romanian civil law. It deals separately with emancipation by law and judicial emancipation, from the perspective of substantive conditions and, in the case of judicial emancipation, also from the perspective of procedural conditions. At the same time, on the basis of the rich jurisprudence in the application of this institution, outlined since the entry into force of the Civil Code, we can identify the majority tendencies regarding the establishment of the grounds referred to in Article 40 of the Civil Code. Critical opinions on the case law analysed are also included, stressing the need for a unified interpretation of the legal provisions in order to ensure optimal protection of the best interests of the minor.
Keywords: emancipation; minor; anticipated legal capacity; marriage; legal age.