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Age of majority

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The Age of majority is the threshold of adulthood as it is conceptualised in law. It is the chronological moment when children legally assume majority control over their persons and their actions and decisions, thereby terminating the legal control and legal responsibilities of their parents over and for them.

Explanation

Conceptually, there are some things in life (such as death) over which no person has any control, so one assumes "majority control" over one’s life at the age in question, instead of "full" control (hence, age of majority instead of, e.g., "age of full control"). The period preceding the age of majority is the period of minority, during which the child has minority control over his or her person and actions, while the parents hold majority control and have power to overrule most of the child’s decisions and desires, and can sometimes reverse the child's actions.

Age of majority is frequently confused with similar concept, the age of licence, which also pertains to the threshold of adulthood but in a much broader and more abstract way. As a legal term of art, "licence" means "permission," and it can implicate a legally enforceable right or privilege. Thus, an age of licence is an age at which one has legal permission from government to do something. The age of majority, on the other hand, is legal recognition that one has grown into an adult. One does not need legal permission to grow up; it just happens.

For example, in any jurisdiction, the age at which an individual is allowed to exercise the franchise (vote), leave school without taking a diploma, enter into legally binding contracts (other than for necessaries, to which no age of licence applies), operate a motor vehicle, purchase and consume alcoholic beverages, and so on – these are all ages of licence, at which the law permits an individual to perform certain acts and exercise certain rights, with or without any restrictions.

Age of majority pertains solely to the acquisition of control over one’s person, decisions and actions, and the correlative termination of the legal authority and responsibility of the parents (or guardian(s), in lieu of parents) over the child’s persons and affairs generally.

Many ages of licence are correlated to the age of majority, but they are nonetheless legally distinct concepts. One need not have attained the age of majority to have permission to exercise certain rights and responsibilities. Some ages of licence are actually higher than the age of majority. For example, the age of licence to purchase alcoholic beverages is 21 in all U.S. States, but Mississippi is the only state which still retains 21 as the age of majority. Similarly, the minimum age at which one has licence to apply for certain U.S. federal government transfer payments is 62.

A child who is legally emancipated by a court of competent jurisdiction automatically attains to his or her majority upon the signing of the court order. This is distinct from the legal process by which a child might be taken into foster care and/or made a ward of the court. Foster care and court wardship do not confer majority upon the child so separated from his or her parents (or guardians). Only emancipation confers the status of majority before a person has actually reached the age of majority.

Almost all jurisdictions automatically confer emancipation (and with it, the status of majority) upon otherwise minor individuals who are married. Some do likewise for minors who are on active duty in the armed forces.

Countries and Subdivisions

See also

nl:Volwassene no:Myndighetsalder fi:Täysi-ikäisyys pl:Pełnoletność pt:Maioridade sv:Myndig ru:Совершеннолетие


Wikipedia information about Age of majority
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