Morals of the Church
Library › Prümmer, Manuale Theologiae Moralis › Volume II › Treatise XI. On The Virtue Of Justice And The Opposed Vices › Section I. On Right And On The Virtue Of Justice Itself › Question I. On Right Itself › Chapter III. On The Subject Of Right Or Dominion › Article II. On The Dominion Of Children Of Families

Section — Prümmer, Manuale Theologiae Moralis

§ 3. On The Dominion Of Children Of Families According To French Law

30.

30. Preliminary Notes.

  1. According to French law, each person is capable of dominion and already from conception is capable of taking an inheritance.105

  2. Children are minor-aged up to the completed 21st year of their age. From this term they are major-aged; nevertheless, as to entering marriage, special statutes exist, namely, a son and daughter before the completed 21st year cannot enter marriage without the consent of the parents. If the mother dissents, the consent of the father suffices.106 If one of the parents has died or from some cause cannot manifest his or her will, the consent of the other suffices.107 In the case in which both parents are dead or cannot manifest their will, grandfathers and grandmothers bear their place in this matter.108 After the aforesaid age, and indeed up to the completed 30th year, sons and daughters were held by a reverential act ("by a respectful act") to solicit the consent of the parents three times; but that respectful act was suppressed by the law of 21 Jan. 1907.109 According to the discipline in force, it suffices that sons and daughters about to marry, by the work of a notary, notify the parents of the marriage to be contracted. 30 days after this notification the marriage can be contracted.110

  3. Minor-aged children can be emancipated:

a) By a declaration of the father, or (if he is lacking) of the mother, made before the justice of the peace, if the minor-aged person has completed at least the 15th year of age.111 When both parents have died, the same declaration can be made by the so-called family council, but only after the 18th year of age.

b) Minor-aged persons are emancipated by the fact itself when they enter marriage.112

  1. An emancipated minor-aged person by no means has the same rights as a major-aged person, but in several actions depends upon his guardian. These individual actions are enumerated in art. 480 sqq.

Dominion Of Minor-Aged Persons.

  1. Minor-aged persons have naked dominion of all things which have come to them by a just title, for example inheritance, donation, etc.113

  2. The administration and usufruct of goods pertaining to a minor-aged son is in the hands of the father, and when he has died, in the hands of the mother, up to the completed 18th year of age. Nevertheless the following cases are excepted:

a) if the minor-aged person is emancipated;

b) if the mother, when the father has died, enters new nuptials;114

c) as to goods which the minor-aged person has acquired by separated labor and industry, or which have been given or bequeathed to him under the condition that the parents lack usufruct;115

d) if the parents have been declared unworthy,116 or if they have induced the daughter to prostitution;

e) if the surviving spouse has neglected to make an inventory of goods within three months after the death of the consort.117

  1. Goods which a minor-aged person acquires by separated labor and industry seem to be all those which he does not acquire in the paternal workshop. Whence if a son, although living in the paternal house, conducts his own commerce, if he exercises an art altogether diverse from the father's art, if he labors in a workshop outside the paternal house, all these seem to be separated labor and industry.118

  2. A minor-aged son, especially after the 18th year of his age, working outside the paternal house does not sin against justice if he pays the expenses of his support to the parents but retains the rest of the wage for himself. Nevertheless, he is to be warned (at least commonly) that he hand over the whole wage to the parents, since this is more conformable to piety and obedience.

  3. A minor-aged son cannot make any contract except in the cases determined by law.119

Dominion Of Major-Aged Persons.

  1. A son who has become major-aged (with the completed 21st year of his age) is plainly of his own right and capable of all civil acts.120

  2. From article 488 it seems to follow that a major-aged son owes nothing else to his parents except to repay the food to be received daily from them. If nevertheless the parents are in need, then already natural law itself commands that each child be held according to his powers to help them.

105 Cod. civ. Gall. Art. 8 and 725.

106 Article 148 received modification through the law of 21 Jan. 1907.

107 Art. 149.

108 Art. 150.

109 Art. 152.

110 Art. 151 new.

111 Art. 472.

112 Art. 476.

113 Art. 389.

114 Art. 386.

115 Art. 387.

116 Art. 230.

117 Art. 1442.

118 Cf. Marres, De iust. l. 1, n. 29.

119 Art. 1124 sq.

120 Art. 488; cf. also the law of 22 Jan. 1907.

Property Rights of Minors