Minor

Minors are people who are younger than a certain age, and therefore other rights and obligations than adults .

Until what age is a minor, is determined by law and varies by country. In the Netherlands and Belgium is one minor until the age of 18 unless they are married (see below).

Contents

 * 1 Features
 * 2 Canon law
 * 3 Netherlands
 * 4 Belgium
 * 4.1 Parents
 * 4.2 The guardian
 * 5 Surinamese law
 * 6 See also
 * 7 External links

Features
A minor can not be completely free to dispose of his person and his property. Which restricted freedom is wanted by the law to protect minors against inexperience or recklessness: The term "child" in the media especially used in connection with criminal prosecution. Minors fall in Western Europe under the juvenile justice system instead of the regular criminal justice.
 * Parents determine the legal residence of their children (this is where a child lives officially).
 * Parents have the duty to educate their children while they attend school age (in most countries of about 6 to about 18 years), and therefore determine which school they go to.
 * Parental authority also extends to about 14 years into health care (parents so choose the doctor for their children, though of course no one can be allowed to go to another doctor).
 * The right to privacy of children is limited to their parents, who can the reading, friends, emotional and other relationships and even monitor and control the correspondence of their children. The only thing parents can not forbid their children to visit grandparents.
 * Parents are liable for damage caused by their children.
 * Parents have control over the assets of their children, for example a house, land or have money of his own; Parents goods of their children can not sell without permission of the court.
 * From 16 years to children in a will have half of their goods.
 * Minors can not accept inheritance (so do their parents) or make donations.
 * Major contracts can not exclude minors. Do they destroy so may allow the parent or guardian of the legal act. Normal activities of daily life (eg. A purchase) are valid if they are proportionate to the age of the minors. For example, buy a 10-year hassle independent ice cream, but for example, buy expensive clothes.
 * Children can on their name to open a savings account without the consent of their parents and collect money from 16 years (max. € 125 per month), unless their parents oppose.
 * Wish to marry children before their 18th birthday, they need the consent of their parents, but the judge has the last word here.
 * Many countries have a minimum age for sexual contact (in the Netherlands 16). When someone has sexual contact with a minor under this age, this person is punishable as a person of that age is not supposed to provide independent consent. However squeezes justice in many countries a blind eye when the sexual partner just a few years older (eg sexual contact between a 14-year-old and a 15 year old).
 * Under 18 can no alcoholic beverages buy (at a bar or shop).
 * Children who run away from home, can be detected at the request of their parents, but if there is a serious reason to suspect running away, not forced to return. However, it will mediate the committee for special youth or will take the right measures. Who in this case children provides shelter, is not punishable.
 * Minors in the Netherlands may no motor drive unless one is 16.5 years and follow lessons. In addition, however, there must be a person who has at least 5 years of driving experience. From 18 years one may then ride independently.
 * Persons under 18 years should not vote .

Canon law [ edit ]
In canon law of the Roman Catholic Church is the age of majority of 18 ( Can. 97 § 1). This rule applies in the whole world, regardless of the age of majority in the country.

[Netherlands edit ]
Article 1: 233 of the Civil Code states:

Minors are persons who have not attained the age of eighteen years and not married or registered or have been married or registered or pursuant to Art. 253ha are declared of age.

Prior to 1986 it was over 21 years of age.

In medical matters, the limit of 16 years. [1]

Belgium [ edit ]
In Belgium, from May 1, 1990 the boundary between minors and adults set at the age of 18 years. The young person under 18 is considered incapacitated. Non-emancipated minors are basically generally act competently. This counts for all rights and obligations. Moreover, their ability to act is complete. This means that non-emancipated minors for asking legal acts must be represented by a parent or guardian.

Parents [ edit ]
Each child is under the authority of his parents and until it comes of age or is emancipated. Parents and children should have respect towards each other. In exceptional cases the court will entrust the exercise of parental authority over the child to one of the two parents. If the parent does not have authority enough, it can always consult the juvenile court. Joint exercise does not mean that parents always and everywhere must occur simultaneously. If only one parent that is indeed presumed to be acting with the consent of the other parent. If infinity is created between the parents the juvenile can be, switched on, in order to solve the problem. Again, it is suspected that if one parent is an act that he is responsible for the goods of the child, and he acts with the consent of the other parent.
 * the person of the minor: Minors under the parental authority. Both parents are responsible for the child even though the parents are married or living together. If only one parent, this parent has authority over the child.
 * The goods of the minors: If the parents have joint custody over the person of the child, they also exercise jointly manage the assets of the child and represent the child.

Parents can not just do whatever they want. They are under the control of the magistrate and they will for certain transactions (eg. Sales of goods of their child, accepting donation or inheritance ...) must obtain prior permission from the magistrate.

The guardian [ edit ]
Since August 1, 2001 the system of guardianship has changed considerably. Where once the guardianship was already organized as a child had only one parent, custody will now occur when a child has no parents (anymore). The family reasons were informed in the previous system, no longer exist.

If a child has no parents, a solution must be found. If the child has family, they will first see if there are family members who are willing to catch the child and is also checked whether the people are competent. This person is under the control of the magistrate.

A minor may be emancipated by marriage or by a judgment of the juvenile court. The juvenile court can only emancipate a person when he is 15 years old. He is only partially incapacitated; he can only legally competent for the rules that explicitly indicates the legislature. An emancipated minor is actually a kind of intermediate category: it can be more than a 'normal' child but on the other hand, he can not as much as an adult.

Surinamese law [ edit ]
Article 382 of the Civil Code of Suriname is:

'Art. 382. Minors are such, which have not reached the age of twenty-one years and not earlier in the truly entered.

When the marriage before their full age of twenty-one years is dissolved, they will not return to the state of minority.

Minors who are not under parental authority, are under guardianship , closely and manner as in the third, fourth, fifth and sixth section of this title is prescribed. "

In some special laws is the majority determined otherwise. For the purposes of the Law of 24 November 1975 regulating the Surinamese nationality and residency is considered as an adult, the person who has attained the age of eighteen. Article 1 b of this law states: "This Act shall apply: b. adults: those who have reached or previously have entered into the marriage age of 18 years.