La emancipación de los menores adultos y su capacidad legal para realizar actos de comercio en el Ecuador

Abstract

The legal capacity of the emancipated minor adult is a subject of wide discussion, since there is an ineffective emancipation, where the minor emancipated adult can’t act independently as established by the law, giving rise to a normative antinomy, which prevents fulfillment of one of the main objectives of the law. emancipation and what determines Art. 266 of the Civil Code itself that is to act independently. In the development of this work, we will study and analyze the origin of emancipation, about the capacity that is granted to the emancipated minor adult, how it is affected in his development as a person and citizen; and a comparison will be made with other legislations of the world. Article 266 of the Civil Code stipulates that the emancipated child has the right to act independently, however, if the emancipated minor wants to perform a commercial act independently, he or she will not be able to do it or said act will not be considered effective , because the Commercial Code establishes in Art. 9 that the minor emancipated adult to be able to perform acts of commerce needs the authorization of a guardian or curator, thus creating a legal-normative contradiction.