Children’s rights to property
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The article deals with the issue of the right of parents to use the proceeds derived from the management of the property of a young child. The urgency of the topic is attributed to the reform of the national legislation, which significantly influenced the development of property relations in family law between parents and the child. In the aspect of specified problem, attention was drawn to the fact that in the family law of the 50s the parents were obliged to register the property of the child in the guardianship organs. In this way, account of the property was taken until the child's full age. There is no such obligation of parents (guardians) in the active family law. Perhaps it is worth returning to this practice, since it is aimed at protecting the property rights of the child. To this end, it is proposed to amend the Procedure for the conduct of guardianship and trusteeship activities related to the protection of the rights of the child, approved by the decision of the Cabinet of Ministers of Ukraine dated September 24, 2008, No. 866. The Family Code of Ukraine defines the legal regime of the property of the child and extends the scope of its application. However, some positions of the FC of Ukraine are considered controversial, in particular, it concerns the right of parents to use the income from the property of a young child for the upbringing and maintenance of other children and for urgent needs of the family. The issue is analyzed in terms of protecting the rights of the child as the owner of the property. It is noted that the obligatory subjects of child retention are parents, except in cases stipulated by law. The subjects of family support are the wife and the husband. The young child has no family responsibilities. Only underage children can participate in the formation of a family budget. The benchmarks for improving the current legislation are the experience of the European Union. To this end, a comparative characteristic of the issue under study was conducted on the example of the laws of the Federal Republic of Germany, the Republic of Poland and the Kingdom of Sweden. In these countries, there are different approaches to the parents' management of income from the property of the child, in particular, this is the disposable right of parents to use the income from the property of the child, but under certain conditions (FRG), or the imperative duty of parents (Republic of Poland). Particular attention is paid to describing the child's property in order to control the status of assets and income from the property of the child. On the basis of the provided analysis of property relations between parents and children, it is proposed to amend the current version of the FC of Ukraine on the use of income from the property of a young child.
Authors and Affiliations
L. M Zahoruy
Keywords
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- EP ID EP575966
- DOI 10.31733/2078-3566-2018-5-190-194
- Views 128
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