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Peru: Acquired Legal Capacity of Minors

(Nov. 24, 2008) Law No. 29274, promulgated by Peru's President Alan Garcia Perez on October 27, 2008, amends article 46 of the Civil Code concerning the legal capacity of minors, to authorize the acquisition of legal capacity by marriage or official title. Article 46 now states that the incapacity of persons older than 16 years of age ends upon marriage or by obtaining an official title authorizing them to practice a profession or hold a job. The capacity resulting from marriage is not lost by the termination of the marriage. In cases of persons older than 14 years of age, limited legal capacity is granted upon the birth of a child for them to perform the following acts: to recognize their children, to request compensation for pregnancy and childbirth, to petition and participate in procedures of custody and child support, and to petition and participate in procedures of extramarital filiation of their children. (Ley No. 29274, EL PERUANO [the official gazette] (Oct. 28, 2008), available at