Resumen :
Como bien sabemos, el estudio del desarrollo personal y psicológico de cualquier persona, no solo posee un interés científico, sino que también ha tenido aplicaciones jurídicas debido a la gran cantidad de aspectos dónde esto influye. Pensemos sino en las grandes diferencias a nivel civil (donde un... Ver más
As we all know, the study of the personal and psychological development of any person has not only been studied for scientific interest, but it has also had legal applications due to the great number of aspects where it influences at a legal level. Let's think about the great differences at a civil level (where a minor cannot alienate real estate, or to encumbrance), labor (where work is forbidden to minors under 14 years old), or the great difference in the applicable criminal law, depending on whether it is at 14, 16 or 18 years of age.
The objective of this Final Degree Project is to study the concept and repercussions of the establishment of a minimum age, legally established in the legal system, from which a person reaches the necessary aptitudes to govern his or her own existence, that is, it is the specific moment in which a person is declared an adult for legal purposes, which entails full capacity to act, which translates into acquiring rights without limitations of disposition, and contracting obligations. In short, assuming legal control over his or her person, actions and decisions, and also assuming the repercussions of his or her acts. In addition, we will analyze this regulation together with the figure of emancipation, as a tool by virtue of which, under certain conditions, the age of majority can be anticipated, although with limitations.
As we have said, this age of majority is set by civil law at 18 years of age, establishing in such a case a starting point where the different laws have adapted the requirement to their needs. But this was not always the case, but it has been a concept debated throughout history, where the age required for many issues has been gradually lowered, although some parts of it are maintained (such as the minimum requirement of 25 years in the adoption, to name an example).
Due to the breadth of the issue raised, we will focus only on those aspects related to civil and criminal law, within the Spanish Constitutional context. However, in order for this research to have European references with which to improve, we will consider the possible alternatives used by our European neighbors
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