Ochrona interesu majątkowego dziecka
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Date
1985
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Protection of Child's property interest
Abstract
Custody 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.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 2, s. 115-133