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Informed consent of the minor. Implications of present day Spanish law
M D Pérez-Cárceles1, E Osuna, A Luna
1Department of Legal and Forensic Medicine, School of Medicine, University of Murcia, 30100 Espinardo, Murcia, Spain. mdperez@um.es
Journal of Medical Ethics
|October 3, 2002
Abstract:
In Spain, any person under the age of 18 is a minor. Generally, minors lack the legal capacity to take legally binding actions because they are deemed incapable of legally binding consent. Spanish civil law recognises, however, that the child, in accordance with the law and being sufficiently mature, may act for himself. It stands, then, that consent, as expressed by the "sufficiently mature" minor, should be legally valid.