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Sevastian CERCEL, The natural person’s anticipated full capacity of exercise as provided by the Civil Code

Sevastian CERCEL
Professor, PhD., Faculty of Law, University ofCraiova/ Scientific Researcher I, PhD., “C.S. Nicolăescu-Plopşor” Institute for Research in Social Studies and Humanities from Craiova, of the Romanian Academy, Romania;
E-mail: sevastiancercel@yahoo.com

Published on December 20, 2021

Abstract
In the system of the 1864 Civil Code, the emancipated minor acquired a limited capacity, and the emancipation was a period of transition between full incapacity and full freedom. The 1954 system maintains “implied emancipation”, but removes the term reminding of the past and allows only women to marry before turning 18. In addition, through the “limited” capacity of exercise, minors aged 14–18, regardless
of sex, acquire an “intermediate” capacity. In search of a balance between tradition and modernity, the current system maintains “implied emancipation”, preserves the “antechamber” of full capacity and restores “express emancipation”. Two hypotheses are regulated, i.e.
when a natural person can acquire full capacity of exercise before turning 18: the conclusion of a valid marriage and judicial recognition. In both cases, the minimum age required is 16 years and specific “solid grounds” must be proved.

Keywords
civil capacity, anticipated full capacity of exercise, marriage of the minor, solid grounds

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