What are the features and frequency of civil emancipation?
Emancipation is the announcement of a minor who has reached the age of 16, if he works under an employment contract or, with the consent of his parents, is engaged in entrepreneurial activity, fully capable. These actions serve as sufficient evidence that the minor is able to independently make decisions on property and other civil – legal issues, that is, has reached the level of maturity usually achieved upon reaching the age of majority. Emancipation is carried out by decision of the guardianship and trusteeship body with the consent of both parents or the court, if the parents or one of them do not agree. The goal of emancipation is to give an adult a full-fledged civil – legal status.
There are 2 groups of legal consequences of emancipation:
1) provisions indicating a change in the legal status of a minor. The main consequence is the possibility of a minor to make transactions without the written consent of his legal representatives. From this follows another consequence of emancipation: as the law indicates, these persons do not bear any responsibility for the obligations of the emancipated. This provision of the law clearly indicates once again that emancipation should be understood as an exceptional measure. It should not be applied widely, since not every adult has the necessary prerequisites for it.
2) is associated not with the acquisition by the emancipated person of legal capacity in full, but with the preservation of his status as a minor. Thus, an emancipated minor cannot be appointed as a guardian or curator. He also has no right to adopt a child. Declaring a minor as emancipated does not entail a change in his status in labor relations.