An act by which a person, who was once in the power of
another, is rendered free. B y the laws of Louisiana, minors may be
emancipated. Emancipation is express or implied.
2. Express emancipation. The minor may be emancipated by his father, or,
if be has no father, by his mother, under certain restrictions. This
emancipation takes place by the declaration, to that effect, of the father
or mother, before a notary public, in the presence of two witnesses. 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 family meeting,
called to that effect, be of opinion that he is able to administer his
property. The minor may be emancipated against the will of his father and
mother, when they ill treat him excessively, refuse him support, or give
him corrupt example.
3. The marriage of the minor is an implied emancipation.
4. The minor who is emancipated has the full administration of his
estate, and may pass all acts which may be confined to such
administration, grant leases, receive his revenues and moneys which may be
due him, and give receipts for the same. He cannot bind himself legally, by
promise or obligation, for any sum exceeding the amount of one year of his
revenue. When he is engaged in trade, he is considered as leaving arrived
to the age of majority, for all acts which have any relation to such trade.
5. The emancipation, whatever be the manner in. which it may have been
effected, may be revoked, whenever the minor contracts engagements which
exceed the limits prescribed by law.
6. By the English law, filial emancipation is recognized, chiefly, in
relation to the parochial settlement of paupers. See 3 T. R. 355, 6 T. R.
247, 8 T. R. 479, 2 East, 276, 10 East, 88., 11 Verm. R. 258, 477. See
Manumission. See Coop. Justin. 441, 480, 2 Dall. Rep. 57, 58, Civil Code of
Louisiana, B. 1, tit. 8, c. 3, Code Civ. B. 1, tit. 10, c. 2, Diet. de
Droit, par Ferriere, Diet. de Jurisp. art. Emancipation.
Source: Bouviers Law Dictionary 1856 Edition
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