Table of Contents

CHAPTER III - OF EMANCIPATION

Art. 87. The minor is emancipated by right of marriage.

Art. 88. The minor although not married, may be emancipated by his father, or if he has no father, by his mother, when he shall have arrived at the full age of fifteen years.
This emancipation takes place by the declaration to that effect of the father or mother, before a notary public in presence of two witnesses.

Art. 89. The orphan minor may likewise be emancipated by the judge (but not before he has arrived at the full age of eighteen years), if the meeting of the family called to that effect, be of opinion that he is able to administer his property.
This emancipation may be petitioned for either by some of the relations of the minor, or by the minor himself.

Art. 90. So soon as a minor shall be emancipated, the sums coming to him, for the balance of the account of his curatorship, shall be laid out in the purchase of some moveable or immoveable property, so as to secure him a revenue; and this shall be done by the minor himself with the assistance of a curator ad hoc appointed over him by the judge and with the previous advice of the family meeting touching the advantage or disadvantage of such purchase.

Art. 91. The minor who is emancipated has the full administration of his estate and may pass all acts which are confined to such administration, grant leases, receive his revenues and monies which may be due to him, and give receipts for the same.

Art. 92. He cannot bind himself legally by promise or obligation, for any sum exceeding the amount of one year of revenue.

Art. 93. The minor who is emancipated has no right to claim a restitution on the plea of mere lesion or for want of use against acts of simple administration; he has no right either to claim a restitution for mere lesion or for want of use against obligations or promises which do not exceed the amount of one year of his revenue.
If however her has contracted in the same year towards one or more creditors several obligations, each of which does not exceed the amount of one year of his revenue, but which collected together exceed that amount, these obligations may be reduced according to the discretion of the judge, whose duty it shall be, in such case, to take into consideration the estate of the minor, the probity or dishonestly of the persons who have dealt with him and the utility or inutility of the expences.

Art. 94. The emancipated minor can neither alienate, affect or mortgage his immoveables or slaves, without the authority of the judge, which shall be granted with the advice of the family meeting, in case of absolute necessity or of a certain advantage.

Art. 95. The emancipated minor has no right to dispose of his moveables or immoveables by donation inter vivos, unless it be by marriage contract, in favor of the person to whom he is to be married.

Art. 96. The minor who is emancipated, otherwise than by marriage, cannot appear in courts of justice, without the assistance of a curator ad litem who is to be appointed to him specially by the judge, for that purpose.

Art. 97. The emancipated minor who is engaged in trade is considered as having arrived at the age of majority, for all the acts which have any relation to such trade.




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