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Article Management of the Child’s Property According to the Civil and Family Codes of Ukraine (Comparative and Legal Aspect)
Authors TETJANA BODNAR
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2 / 2022
Pages 122 - 131
Annotation

Despite the use of the term “child property management” in civil and family law, the content (elements) of this concept are not clearly defined, the difference between property management of a minor and a minor in family law is not always expressed, some relationships, including the use of child property parents and guardians for improper performance of responsibilities for the management of the property of a minor child, etc. are insufficiently regulated.

The purpose of the article is to clarify the content and procedure for managing the property of a minor child under the Civil and Family Codes of Ukraine, as well as identify problems and inconsistencies in the legal regulation of management of property and civil and family law and formulate proposals to improve these rules.

The author’s definition of the concept of child property management as exercised by parents and other entities defined by the Family Code of Ukraine, the authority to exercise the rights of a minor child as the owner of the property related to possession, use and disposal, within the Family Code of Ukraine and other laws, in order to meet the needs and interests of the minor child.

 A comparative legal analysis of the norms of the Civil and Family Codes of Ukraine was carried out, some contradictions and inconsistencies between their norms were revealed.

A number of proposals have been formulated to improve the provisions of the Family Code of Ukraine, in particular: on the use of income from the management of the property of a minor child; regarding the right of a minor child to dispose of income from the use of his property; regarding the obligation of the guardian to compensate the property damage caused and to return the income received from the management of the ward’s property; concerning the prohibition of parents (adoptive parents), guardians to donate the property of children, wards; on the commission by one of the parents of transactions on real estate and other valuable property of a minor child and the definition of criteria for classifying property as “valuable property”, etc.

 

Keywords child property management; a minor child; a minor child; valuable property; the responsibility of the guardian (trustee)
References

Bibliography

Authored book

1. Bodnar T, Vykonannya dohovirnykh zobovyazan u tsyvilnomu pravi (Yurinkom Inter 2005) (in Ukrainian).

2. Romovs ka Z, Simeynyy kodeks Ukrayiny: Naukovo-praktychnyy komentar (Pravova yednist 2009) (in Ukrainian).

 

Edited book

3. Bodnar T, Dzera O (red), Naukovo-praktychnyy komentar. Simeynyy kodeks Ukrayiny (Yurinkom Inter 2020) (in Ukrainian).

4. Spasibo-Fateyeva I (red), Khar’kovskaya tsivilisticheskaya shkola: antologiya semeynogo prava (Pravo 2013) (in Russian).

5. Zhylinkova I (red), Simeynyy kodeks Ukrayiny: Naukovo-praktychnyy komentar (Ksylon 2008) (in Ukrainian).

 

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