| Title: | Emancipation of a son |
| Original Title: | Emancipation d'un Fils de famille |
| Volume and Page: | Vol. 5 (1755), p. 547 |
| Author: | Antoine-Gaspard Boucher d'Argis (biography) |
| Translator: | Diane Duffrin Kelley [University of Puget Sound] |
| Original Version (ARTFL): | Link |
| Rights/Permissions: |
This text is protected by copyright and may be linked to without seeking permission. Please see http://quod.lib.umich.edu/d/did/terms.html for information on reproduction. |
| URL: | http://hdl.handle.net/2027/spo.did2222.0000.591 |
| Citation (MLA): | Boucher d'Argis, Antoine-Gaspard. "Emancipation of a son." The Encyclopedia of Diderot & d'Alembert Collaborative Translation Project. Translated by Diane Duffrin Kelley. Ann Arbor: Michigan Publishing, University of Michigan Library, 2006. Web. [fill in today's date in the form 18 Apr. 2009 and remove square brackets]. <http://hdl.handle.net/2027/spo.did2222.0000.591>. Trans. of "Emancipation d'un Fils de famille," Encyclopédie ou Dictionnaire raisonné des sciences, des arts et des métiers, vol. 5. Paris, 1755. |
| Citation (Chicago): | Boucher d'Argis, Antoine-Gaspard. "Emancipation of a son." The Encyclopedia of Diderot & d'Alembert Collaborative Translation Project. Translated by Diane Duffrin Kelley. Ann Arbor: Michigan Publishing, University of Michigan Library, 2006. http://hdl.handle.net/2027/spo.did2222.0000.591 (accessed [fill in today's date in the form April 18, 2009 and remove square brackets]). Originally published as "Emancipation d'un Fils de famille," Encyclopédie ou Dictionnaire raisonné des sciences, des arts et des métiers, 5:547 (Paris, 1755). |
Emancipation of a son means the act by which a son, or daughter, or grandchild, under the authority of the father of the family, is placed outside of his authority.
This emancipation which derives from Roman law, takes place in all countries with written laws, and also according to some customs where the father holds authority in his family.
The father of the family can emancipate his children at any age, whether they are adults or minors, because the father's authority does not end once majority is attained. Emancipation also does not place children outside of the father's authority if they have not yet attained puberty; in this case, the father remains responsible for their care.
In countries with written law, emancipation must be made in court by a declaration made by the father, stating that he places the child outside of his authority; nevertheless, according to a judgment made by the parlement of Toulouse, emancipation can be established by a notary.
In places where custom determines the father's authority, the father may emancipate by a judge or before a notary.
Emancipation of children from a family causes paternal authority to end; it does not, however, separate children from the father's family, so they may inherit like their brothers and sisters whom he has kept under his authority.
It has no other effect on the father than to place the child outside of his authority and to remove any ability that he might have had to profit from the child's property, and to enable the child to enter into legal contracts. See Son, Paternal authority .