The theoretical difficulty behind questions arising out of age would appear to be the inherent lack of clarity in defining the legal nature of the concept in general, that is, what “age” is from a legal point of view and how it can be categorized for various juridical purposes.
Investigation suggests a distinct traditional tendency both among writers and judges to regard the determination of age, for whatever purpose, as a matter of status, and this despite the fact that “status” itself is not clearly defined or sufficiently described by those who employ the term. Thus, for example, Wolff defines it as “the legal category to which a person belongs owing either to his natural condition…or to his legal condition”, and enumerates age, along with unsoundness of mind, as an example of status arising from a person's natural condition. Likewise, Arminjon features age, along with marriage, celibacy and other well-known instances of status, as a matter concerning “l'état des personnes”, while defining status as “l'ensemble des qualités et des rapports de droit qui constituent la condition juridique d'une personne, qui lui marquent sa place et tracent le rôle qu'elle joue dans la famille et dans a société”.