Legal representative of a minor A child is a person who commits legal proceedings instead of an incompetent person. The norms set certain restrictions on their authority. Let us further consider who is the legal representative of the child and what actions are allowed to him.
General information
Protected interests and rights belonging to a legally incompetent person of limited legal capacity are protected by trustees, guardians, adoptive parents, or parents. The legal representatives of children under 18 years of age must have appropriate documents confirming their authority. In cases provided for by the rules, these citizens may delegate their rights to third parties by proxy. Legal representation acts as one of the types of judicial protection.
Protected categories of citizens
A person under 14 years of age does not have procedural capacity. In this regard, the legal representatives of the child conduct their cases in court, protect their rights and interests. When considering disputes, one of whose parties is a citizen of 14-18 years old, authorized persons also act on their behalf. However, in this case, the court is obliged to bring to trial the most legally incompetent person.
In cases provided for by the rules in cases arising from administrative, family, corporate, labor, civil and other legal relations, as well as transactions relating to the disposal of received payment for work or other income from commercial activities, persons aged 14-18 have the right to personally provide their protection in a court. The legal representatives of the child in such cases are brought to trial at the discretion of the authorized official (judge).
Grounds for establishing authority
The legal representatives of the child - mother, father - receive the right to speak on his behalf in accordance with documents certifying the origin of the person whose interests and rights are protected from them. Maternity is established by certificates from a medical institution confirming the birth of a son / daughter. If the child was born outside the hospital, other certificates, testimonies and other evidence will act as certifying documents. Upon the birth of a legally incompetent person from persons who are in a marital relationship with each other, as well as within 300 days from the date of their termination, invalidation or from the moment of the death of the mother’s husband, the former or current spouse is recognized as the father, unless there is evidence of another circumstance. Paternity is established by a marriage record.
Special cases
A child may appear from individuals who are not in an officially registered marital relationship. In this case, to establish paternity, they submit a corresponding application to the registry office. Upon the death of the mother, the impossibility of establishing her whereabouts, declaring her legally incompetent or depriving her of her right to a child, the paper is submitted to the registry office by the remaining parent.
To establish paternity in this case, the consent of the guardianship authority and guardianship is necessary. In case of his absence, the decision is made by the court. When a legally incompetent person is born from persons who are not officially married to each other, or in the absence of a joint or one-to-one declaration of his father's origin from a particular man, paternity is established at the request of one of the parents, or a guardian / guardian, or a citizen whose dependent he is is, or the most ward when he reaches 18 years.This procedure is established by the provisions of Art. 49 SK.
Guardianship and custody
The procedure for their establishment is governed by Articles 31-41 of the UK. The legal representatives of orphans are appointed by the authorized bodies at the place of residence of the needy person. If there are circumstances worthy of attention, the trustee / guardian is established at his place of residence. Act as legal representatives of the child can citizens who have reached 18 years of age and recognized as fully capable. Trustees or guardians of persons in medical, educational and other institutions are considered these organizations. Grandmother is the legal representative of the child in the absence of the father / mother and in the presence of relevant documents. Guardianship / guardianship may be established upon application to the appropriate authorized body or by court order.
Termination of guardianship and guardianship
When a ward is placed in these institutions, previously appointed legal representatives of the child are relieved of their duties if this does not infringe on the interests of the latter. Termination of guardianship and guardianship also takes place in the event of the adoption or return of a legally incompetent mother and / or father. Relief is also permitted if there are good reasons.
Among them - the disease of the trustee / guardian, lack of understanding between him and the ward, change in property status and so on. In case of improper performance of duties, including the implementation of actions related to guardianship or guardianship, for mercenary purposes or if the ward is left without the necessary assistance and supervision, the authorized body may deprive a person of the corresponding rights to a legally incapable person. Along with this, the necessary measures can be taken to bring the citizen to responsibility established by law for such cases.
Limitations
Legal representatives are granted fairly broad procedural powers. These include those provided for in Art. 46 SC administrative actions. However, certain restrictions are imposed on representatives. In particular, the guardian under Art. 37 SK cannot commit, and the trustee - agree to transactions related to the alienation of property, including exchange, leasing, pledging, gratuitous use, entailing waiver of rights belonging to the ward, division or allocation of shares, conclusion of contracts that may result in a decrease in property, without the consent of the authorized bodies.
Restrictions of this kind are established to ensure the protection of the interests of legally incompetent citizens. Trustees and guardians, parents and other close relatives cannot make transactions with the ward. The exceptions are the transfer of property for free use or as a gift to the latter. The law also permits representation in court or in transactions involving a ward and the spouse of a guardian or trustee and their close relatives. The court, therefore, cannot accept the refusal of a citizen, acting on behalf of a legally incompetent, from a claim in a hereditary or other dispute in which the party is a person who has not reached the age of 18, unless the authorized bodies consent to this.