Parental power of attorney in light of the lex plaetoriae de circunscriptione adolescentium and the capacity of minors in the 2015 civil and commercial Code

Abstract

The work deals with the treatment of the aptitude of minors starting from the Roman sources, from the archaic period to the lex Plaetoriae de circumscriptione adolescentium, to project it to the capacity as an attribute of the personality in the Argentine civil law, despite the fact that the parallelism is only for the purpose of identifying elements of continuity or change. This is because the Romans did not elaborate a notion in the manner of modern doctrine. But the way in which in the classical and Justinian period legal acts were regulated by reason of age, implied a similar regulation regarding the capacity to act, as contained in modern systems. In order to adhere to the editorial guidelines, we will focus on the capacity of minors to practice on their own bodies, with a particular focus on consent for medical research.