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

§ 6. On The Dominion Of Children Of Families According To Austrian Law

33.

33. 1. Austrian law, just as it grants greater liberties to wives, so also grants them to children of families.

  1. The father has administration of the goods which minor-aged children acquire.123 If, however, a minor-aged son, living outside the paternal house, acquires something by his own industry, this is left to his free disposition.124

  2. Revenues received from the goods of a child of family ordinarily fall under the administration of the father, but they must be expended for the suitable education and support of the child. If anything of greater moment remains over, it falls to the advantage of the child; but if it is of lesser value, it pertains to the father.125

  3. Children become major-aged after the completed twenty-fourth year of their age,126 and then they become entirely of their own right, unless the judge has determined the contrary.127 Marriage entered by a minor-aged person does not make him major-aged.128 Children can be emancipated before majority with the explicit consent of the father and of the judge, and moreover if the father consents that a son of twenty years conduct his own family affairs.129

  4. Minor-aged persons before the eighteenth year cannot make a testament except before a judge; but after this age they can freely make a testament.130

  5. Minor-aged persons generally cannot enter into any onerous contract without the consent of parents or curators.131

123 Cod. civ. Austr. § 149.

124 § 151.

125 § 150.

126 § 21.

127 § 172.

128 § 175.

129 § 174.

130 § 569.

131 § 865.

Property Rights of Minors