-thumb.webp)
Declaring a minor fully capable (emancipation)
Thus, by virtue of Article 329 of the CPC, a minor who has reached the age of sixteen may apply to the court at his place of residence with an application for declaring him fully capable in the case provided for in Article 22-1 of the Civil Code of the Republic of Kazakhstan.
As a general rule, civil legal capacity comes upon reaching the age of majority, i.e. the age of 18.
Minors between the ages of 14 and 18 have the right to independently make a limited number of transactions, and other transactions require the written consent of their parents, adoptive parents, or a trustee.
The exceptions are cases of a minor marrying and declaring him fully capable (emancipation).
The purpose of emancipation is to free a minor from the need to obtain consent from legal representatives to conclude transactions every time.
According to Articles 22-1 of the Civil Code, if a minor who has reached the age of sixteen works under an employment contract or engages in entrepreneurial activity with the consent of his legal representatives, he may be declared fully capable (emancipation).
The declaration of a minor as fully capable (emancipation) is made by decision of the guardianship and guardianship authority with the consent of his legal representatives, or in the absence of such consent, the decision on emancipation is made by the court.
An emancipated minor has civil rights and duties (including obligations arising from harm to him), with the exception of those rights and duties for which an age limit is established by legislative acts of the Republic of Kazakhstan.
Legal representatives are not responsible for the obligations of an emancipated minor.
An application for declaring a minor fully capable is accepted by the court in the absence of the consent of the parents (one of the parents), the adoptive parents (adoptive parent) or the trustee to declare the minor fully capable.
The application is considered by the court with the participation of the applicant, the parents (one of the parents), the adoptive parents (the adoptive parent), the trustee, as well as a representative of the body performing the functions of guardianship or guardianship, the prosecutor (art.330 of the CPC).
Upon satisfaction of the application, a minor who has reached the age of sixteen years is declared fully capable (emancipated) from the date of entry into force of the court's decision on emancipation.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
