Legal regulation and problematic aspects of the acquisition of full civil capacity by minors in Lithuania

Abstract

Lithuanian civil law provides two exceptional mechanisms through which a person may acquire full civil capacity before reaching the age of majority: emancipation and the acquisition of full civil capacity through marriage. Although both institutions grant a minor the legal status of a fully capable person in civil legal relations, their practical application raises a number of legal issues. The legal framework does not clearly define the criteria for determining a “sufficient basis” for emancipation or what constitutes “other important reasons” for reducing the marriageable age, leaving significant discretion to the courts. In addition, questions arise regarding the legal significance of opinions provided by the State Child Rights Protection and Adoption Service and the relationship between full civil capacity and other branches of law. This article analyses the legal regulation governing the acquisition of full civil capacity by minors, Lithuanian judicial practice concerning emancipation and the reduction of the marriageable age, and the legal consequences of acquiring full civil capacity before reaching adulthood. Particular attention is paid to the criteria developed in judicial practice, the evidentiary significance of opinions submitted by child rights protection authorities, and the legal implications of full civil capacity outside the sphere of civil law. The research demonstrates that the concepts of a “sufficient basis” and “other important reasons” are primarily developed through judicial practice and assessed on a case-by-case basis. The findings further indicate that, although opinions of the State Child Rights Protection and Adoption Service constitute an important source of information in proceedings concerning emancipation and the reduction of the marriageable age, they are not binding upon the courts. Finally, the study confirms that an emancipated minor, or a minor who acquires full civil capacity through marriage, is treated as an adult in civil legal relations; however, this status does not extend to criminal, administrative, or constitutional law, where the age criterion remains decisive.