The Attorney General requested the Commission in December to undertake an examination of, and conduct research into, the law relating to majority and, if though fit, to formulate proposals for its reform and submit them to him. The age of majority referred to in the request means the age at which a person normally becomes an adult in law, i. Under the common law, as amended by the Infant's Relief Act , a minor's right to enter into binding contracts or obligations is restricted. Irrespective of his age a minor is liable for his torts to the same extent as an adult unless the existence of a particular intention or mental state or capacity is essential to liability for the tort in question.
See O'Brien v. McNamee  I. Heuston, On the other hand, criminal liability is excluded in the case of a minor under 7 years of age. Between 7 years and 14 years a minor is presumed to be incapable of criminal intent but the presumption is a rebuttable one.
The statutory protection that minors receive against the acts of others ends at different ages. Thus, unlawful carnal knowledge of a female under 17 years of age is a statutory crime. The prohibition against serving intoxicating liquor to a minor ends when the minor reaches the age of 18 years. The various ages at which the law restricts the rights of a minor, or protects him, are set out in Appendix B to this paper p.
This paper is limited to an investigation of the law relating to the age of majority and of the connected question of the age for marriage.
Following the request of the Attorney General the Commission arranged for the publication of an advertisement in the daily press asking those persons who had views on the subject under examination to communicate their views to the Commission. Communications were received from the organisations and individuals listed in Appendix A to this paper p. The Commission was also in communication with law reform agencies, and with lawyers and jurists, in many countries. The Commission acknowledges with gratitude the help and information, which was so freely given.
As the research progressed it became obvious that the Commission could not limit itself to the simple question of whether or not an alteration should be made in the age of majority, and that other related questions would fall to be examined. For example, an alteration in the age of majority could affect the age at which parental consent is required for the marriage of a minor. It could also affect payments and allowances made by or to the parents or guardians of a minor. This paper deals in the first instance with the question of the age of majority and then with the effect of an alteration in that age on the various ages for marriage.
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See paras. The question of the status of a minor as it is reflected in the limitations on his ability to enter into contracts or to deal with property is not covered in this paper. The paper, however, does deal with a number of miscellaneous matters that arise consequentially from any alteration in the age of majority.
As has already been indicated, in para. These will be the subject of a separate Working Paper as will also be the problem of the desirability of reforming the law as to the legal position of a minor having regard to modern social and economic developments and to the status of minors in other jurisdictions. The legal condition or the status of a minor may differ from country to country and the law that is to govern this condition or status for the purpose of the Irish rules as to conflict of laws requires separate study. This status ceased when the minor attained the age of 21 years.
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As indicated in para. The limitations on the legal capacity of a minor are not imposed to deprive the minor of his rights, but rather to protect him against his own inexperience and improvidence. Normally, a person who ceases to be a minor has full legal capacity and may act independently of a parent, a guardian or the court. In this chapter it is proposed to trace the development of the present law relating to the age of majority in our legal system and in other legal systems.
Although the Brehon Laws seem to have recognised that a child required some legal protection, the concept of a fixed age at which a young person would attain maturity was not apparently known to them. Normally a son had no power to make a binding contract during the life of his father and while he was a member of his father's household. After the Norman invasion of Ireland in the 12th century the invaders started to impose their system of law on the country.
Several hundred years elapsed before the English common law system, as supplemented by statute law, effectively became the law throughout the land. The common law treated a person under 21 years as a minor, and gave such a person a special status. The law acted upon the principle that a minor should be protected from his own improvidence and inexperience, but that this should be done so as not to cause unnecessary hardship to any person dealing with the minor.
With the passage of time statutes altered the legal position of minors. Some of the more notable of these statutes are dealt with in the following sub-paragraphs. This Act permits a person between the ages of 16 and 21 to be a member of a registered society unless there is a provision to the contrary in the rules of the society.
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Subject to the rules of the society, he may enjoy all the rights of a member, execute all instruments, and give all acquittances necessary under the rules. However, such a person may not be a member of the committee, a trustee, a manager, or a treasurer of the society.
Guardianships and Conservatorships
If he is over 16 years of age, he may nominate persons to whom his property in the society may be given on his decease. These Acts enable the rules of a friendly society to provide for the admission of a person under 21 years as a member. A person over 16 years of age may by himself execute all assignments.
If the member is.
As in the case of the industrial and provident society, if he is over 16 years he may nominate a person who will get his property in the society on his decease. He may not be a member of the committee, trustee, manager, or treasurer of the society. It is to be noted that nothing in the Industrial and Provident Societies Act, the Friendly Societies Acts, or the Credit Union Act gives a minor power to do anything that he otherwise may not do.
For instance, he may not borrow money from such society or union, contract for the repayment of borrowed money, or give security for it. These transactions by a minor are invalidated by the Infants Relief Act Thurston  A. Before the Wills Act a minor who had reached the age of 14 years could make a valid will disposing of his personal property, and even creating a trust thereof. The Wills Act enacted that no person under the age of 21 could make a valid will. This was subject to the exception created by section 11 that any soldier in actual military service or any mariner at sea could dispose of his personal estate as he might have done before the passing of the Act.
Wills made in pursuance of this privilege might consist of verbal declarations before witnesses or informal documents. In the Goods of Hiscock ,  P. In the Goods of Coleman  2 I. Some doubt existed as to the proper construction to be put on section 11 of the Wills Act The position was clarified by the Wills Soldiers and Sailors Act This Act applied to a soldier, or member of the air force on actual military service, or to a seaman or mariner at sea or on actual military service. Irrespective of age such a person could make a valid will of his personal and real estate.
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Such a will remained valid until revoked even though the military or other service had ended. See Succession Act , section Since the enactment of section 7 7 of the Guardianship of Infants Act a person under the age of 21 years has been entitled to appoint a guardian by will.
See Article This Amendment to the Constitution reduced the age at which a person had the right to vote at Dail and Presidential elections and at Referenda from 21 years to 18 years. On December 7, , the proposal for amendment was submitted to a referendum. Of the , valid votes that were cast, , were in favour of the amendment and , votes were against it.
It should be noted that though an 18 year old has now the right to vote at elections and referenda and the right to be a member of a local authority, the age specified in Article One of the qualifications to render a person eligible for service on a jury in a court or at a coroner's inquest was that such person had attained the age of 21 years.
The Juries Act has reduced the minimum age limit for jury service in a court, or at a coroner's inquest, to 18 years. See sections 6 and 31 of the Act. The common law rule that a person does not attain majority until he is 21 years old applied in England and in Ireland. A person was a minor whether he was 1 year old or 20 years old, and remained such until he reached the age of 21 years. A minor has greater legal capacity than a pupil.