Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1985, nr 2
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Browsing Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1985, nr 2 by Author "Sokołowski, Tomasz"
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Item Ochrona interesu majątkowego dziecka(Wydział Prawa i Administracji UAM, 1985) Sokołowski, TomaszCustody of child's property performed by its parents is considered to be a basic tool in protection of the child's property interest. The necessity of enacting exhaustive regulation of the said custody is seen presently in family law of the socialist States, although the means to solve that question differ from one State to another. Family and Guardianship Code regulates the custody problems within the institution of parental authority. It has to be performed by parents with a due care, with the aim to maintain the property in an undeteriorated state. In case of the faulty performance rights of parents can be limited by a guardianship court. Besides, the court should offer all his assistance to the parents in their executing of custody. Childs property in a broad is the object of the custody. A donor or testator can make a reservation that objects received by a child be managed by other person. If an assigned custodial is not able to exercise custody it is left to the judicial discretion whether a curator is to be established, or in specific cases, parents are to exercise the custody. The scope of ordinary management of child's property has to be iterpreted in a narrow way; any catalogs of transactions of ordinary management can only have an exemplary character. Upon disposing of income of Childs property, parents are expected to aim at fulfilling needs of child and family as indicated in the statute. Yet there is a possibility open for accumulating the surplus left. An adolescent child, i.e. the one who turned thirteen but is not mature yet can dispose independently of his broadly interpreted earnings. Parents can also give him, for unrestrained use, property objects included in child's property indispensably of their value if it can facilitate its gaining capacities for further management. By the same reason an adolescent child should participate in execution of management upon those objects which are in custody of the parents.