|
Even without a court proceeding, some jurisdictions will find a minor to be emancipated for purposes of making a decision in the absence of the minor's parents or guardians. For example, a child in most jurisdictions can enter into a binding contract to procure their own basic needs. However, when a child's needs are not provided by a parent, the child is often deemed a ward of the state and receives a court-appointed guardian.
Like bro what are u searching ?
==History==
In [[Roman law]] the father of the extended household, the ''[[pater familias]]'', exercised autocratic authority through ''patria potestas'' including his wife, his children and his slaves. Such rights persisted through feudal and English [[common law]], assigning most people the status of personal property (chattel). In common law, emancipation is the freeing of someone from this control. It grants the emancipated the ability to legally engage in civil actions, and frees the former owner of liability.
In common-law jurisdictions, [[chattel slavery]] was abolished during the 19th century and married women were given [[Women's rights|independent rights]] during the 19th and at the start of the 20th century. Later during the 20th century, common law jurisdictions split over both [[children's rights]] and [[youth rights]]; in some, such as the USA, a traditional father's control became a right to shared parental control and emancipation remained a remedy for mature minors, but in others, for example England, the idea of absolute control over minors has been repudiated; parent's responsibilities are emphasized and children's rights promoted. In these jurisdictions, the rights of minors to act on their own behalf are granted on a case-by-case basis if a minor can show the capacity and maturity to handle them, and juvenile emancipation from control is deemed unnecessary.
An emancipated minor does not simply acquire all rights of an adult; likewise, a child does not lack such rights merely because they are not emancipated. For example, in the US minors have some rights to consent to medical procedures without parental consent or emancipation, under the [[Mature minor doctrine|doctrine of the mature minor]]. In England a minor may still not own and administer land.<ref>{{cite web|title=Law of Property Act, England, 1925, 1(9)|url=https://www.legislation.gov.uk/ukpga/Geo5/15-16/20|website=legislation.gov.uk|publisher=The National Archives|access-date=11 February 2018}}</ref> Also in any jurisdiction statute law may limit action due to insufficient age, such as the purchase of alcohol or the right to drive on public roads, without regard to capacity.
==Global understanding of emancipation ==
|
