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What is the Definition of a minor under Irish Civil Law?

  • 23-01-2008 12:34am
    #1
    Registered Users, Registered Users 2 Posts: 211 ✭✭


    Hi, could someone please answer this question for me?

    I know the definition of minor is a person under 18 years of age in Irish Criminal law.
    but i found the word "Dependent" in civil law means a person who is under 18 or a person who is under 23 and is still attending full time education.


    Is a dependent = a minor?

    What is the Definition of a minor under Irish Civil Law?


Comments

  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    Wouldn't it be anyone under 16 years of age?


  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    No a minor is someone who is under the age of 18.
    A dependant is a person who is relant on an adult, there are adult dependants such as those in full time education under the age of 23 and elderly relations.

    There is under irish law such a thing as a minor who is criminally accountable.

    I am going to move this from parenting to the legal discussion forum where I am sure you will get more help.


  • Closed Accounts Posts: 135 ✭✭Stirling


    Minority in Civil Law is defined in terms of capacity to enter into valid and proper contracts and this is governed by the Age of Majority Act 1985.

    http://www.irishstatutebook.ie/1985/en/act/pub/0002/index.html

    There a minor is defined as:

    3.—A person who is not of full age may be described as a minor instead of as an infant

    Majority, that is to say ceasing to be a minor, is reached at the age of 18 (full age) or earlier in the event that the minor has married before the age of 18.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    In the Criminal Law, the Criminal Justice Act 2006 effectively abolished the maxim or expression Doli Incapax. Making minors liable for serious offences between the ages of 10 and 12 years.

    The definition of a minor is generally someone under the age of 18 years in Ireland for all other contexts.

    Thaedyal is correct in respect of the definition of Dependant.


    The maintenance that is ordered is for the spouse and the children. Usually
    a court will order an amount of money, some people would prefer the
    payment of bills, but he court will order a particular amount of money,
    usually an amount for the spouse and an amount for each of the children.
    Maintenance is only payable for dependent children, under 18, or under 23
    in fulltime education, or a person with a mental or physical disability to such
    extent that it is not possible for the child to maintain himself/herself fully.
    An child on an apprenticeship at the age of 20 would not be considered a
    dependant. If under 18 then it would be alright.


  • Registered Users, Registered Users 2 Posts: 211 ✭✭MasterSun


    Thanks everyone for all your advice.


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  • Registered Users, Registered Users 2 Posts: 275 ✭✭jaybeeveedub


    hey Tom... where is that definition of dependants from?

    Is there any definition for when older relatives become dependant, or is it based on the physical/mental incapacity test for children??


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    hey Tom... where is that definition of dependants from?

    Is there any definition for when older relatives become dependant, or is it based on the physical/mental incapacity test for children??

    The 2006 Act, it can be found on www.irishstatutebook.ie That was criminal law I was referring to.

    I believe 23 and living at home/college going, is the civil definition (loosely!) I think that is a Family Law origin ....

    Then you also need to look at Wards of Court and letters of Administration in relation to elderly and infirm persons.

    Tom


  • Registered Users, Registered Users 2 Posts: 275 ✭✭jaybeeveedub


    ah.. I see

    I thought you were referring to different legislation than the abolition of doli incapax...

    thanks for that!


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