Majority may be accelerated by:
(a) Venia aetatis;
Majority may be accelerated by: (1) venia aetatis; (2) marriage. Venia aetatis, Grotius says, is obtained when the minor is for special reasons declared of age, before attaining the prescribed years of majority, either by the Sovereign or by the Court.[1] Voet,[2] however, and Van der Linden[3] give the prerogative of conceding it to the Sovereign alone. After some difference of opinion the law has been settled in this sense by the Courts of South Africa.[4] The effect of venia aetatis (which is not given to males under twenty or to females under eighteen years of age)[5] is to put an end to all the incapacities and benefits of minority except as regards the alienation or hypothecation of immovables, which, unless expressly granted along with venia aetatis, can only be effected after leave obtained from the Court. In this respect alone, persons who have obtained venia aetatis remain on the same footing as other minors.[6]
(b) Marriage.
The effect of marriage is different. In the case of a male this puts an end to minority absolutely;[7] accordingly the latter does not revive in the event of the death of the wife while the husband is within the ordinary limits of minority.[8] But in this case, as also in the case of natural- ↑ Gr. 1. 10. 3. The language of Grotius limits this privilege to an orphan (wees). The institution of venia aetatis is taken from the Civil Law, Cod. 2, tit. 44 (45).
- ↑ Voet, 4. 4. 4.
- ↑ V. d. L. 1. 4. 3. See also V. d. K. Th. 161.
- ↑ See cases in Nathan, Common Law of South Africa, vol. i, p. 116 (2nd ed. p. 126), and Bisset and Smith, Dig. S. A. Case Law, vol. ii, col. 1837. Maasdorp (vol. i, p. 237) says that venia aetatis is obsolete in the Cape Province. For a form of venia aetatis still in use in Ceylon see Appendix A to this Book (infra, p. 107).
- ↑ Cod. 2. 44 (45). 2; V. d. L., ubi sup.; O. F. S. Law Book of 1901, chap. xcii, sec. 7. But see Van Leeuwen, 1. 16. 11.
- ↑ Voet, 4. 4. 5; minoribus caeteris hac in parte manentes exaequati.
- ↑ Voet, 4. 4. 6.
- ↑ Schorer ad Gr. 1. 6. 4; V. d. K. Th. 879; V. d. L. 1. 4. 3. The position of a female widow not yet twenty-one years old is somewhat anomalous. She has been a minor during marriage jure maritali. The death of the husband leaves her still under age. But, on the other hand, she does not revert to the paternal power or require a guardian. V. d. K. says (Th. 879) that she cannot be relieved from her contracts on the
of the day before the twenty-first birthday (1 Blackst. Comm. 463, and Christian's note). Is the rule the same in R.-D. L.? See Dig. 50. 16. 134 and 28. 1. 5, with Gothofredus' note. As to leap year see Voet, ubi sup.
