(H. B. 3715)
(No. 78-2012)
(Approved April 27, 2012)
AN ACT
To amend Articles 239 and 237 of the Puerto Rico Civil Code in order to repeal
the third sentence of Article 239 and add it as the second paragraph of Article
237.
STATEMENT OF MOTIVES
This Legislative Assembly has effectively intervened in eliminating the
obstacles that prevent young individuals from pursuing an education away from
their homes or when, due to life events, they face the challenge of parenthood at an
early age. Previously, minors of eighteen (18) years of age or older were unable to
seek medical assistance in emergency rooms or authorize medical treatment for
their children. To solve this situation, Act No. 97 was approved on September 10,
2009 to amend Article 239 of the Puerto Rico Civil Code in order to include a
special provision that recognizes the partial emancipation of minors under eighteen
years of age. This amendment grants a special emancipation which only allows
these minors to receive medical care and treatment in emergency rooms. Likewise,
in the case of minors who are parents, they may authorize medical care for their
children.
The aforementioned Article 239 deals in its entirety with emancipation
through marriage. On the other hand, Article 237 of the same Code refers to the
legal capacity of emancipated minors. Consistent with the foregoing, it is
appropriate to eliminate the last amendment to Article 239 in order to include it in
Article 237. In this manner, even though the current rule of law remains unaltered,
the cohesion, harmony, and order of the Puerto Rico Civil Code is preserved.
For all of the foregoing, this Legislative Assembly deems the proposed
change necessary.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO:
Section 1.- Article 239 of the “Puerto Rico Civil Code” is hereby amended
to eliminate its third sentence to read as follows:
“Any person becomes legally emancipated of right by marriage.
Nevertheless, in order to alienate or mortgage any real property or to contract
loans, a minor emancipated by marriage shall require the consent of his father, in
default of his father that of his mother, and in the proper case that of his tutor, in
those cases in which the minor has not attained the age of eighteen (18).”
Section 2.- Article 237 of the “Puerto Rico Civil Code” is hereby amended
to include a second paragraph to read as follows:
“The emancipation capacitates the minor to govern himself and his property
as if he were of legal age. Persons eighteen (18) years of age or older who are
emancipated by their parents or by those with ‘patria potestad’ over them may
manage their property and contract pledges and obligations without having to
obtain their authorization.
Furthermore, any minor who is eighteen (18) years of age or older is hereby
emancipated for the purpose of receiving medical services and treatment in
emergency rooms, and in the case of minors of eighteen (18) years of age or older
who are parents, they may authorize medical services and treatment for their
children in emergency rooms.”
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 78-2012 (H. B. 3715)
of the 7th Regular Session of the 16th Legislature of Puerto Rico:
AN ACT
to amend Articles 239 and 237 of the Puerto Rico Civil Code in order to
repeal the third sentence of Article 239 and add it as the second paragraph
of Article 237.
has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, on the 5th day of December, 2014.
Juan Luis Martínez Martínez
Acting Director