Prior to the adoption of the Family Code in December 1995, issues of property relations and the rights of minors were determined by the Civil Code. Art. 60 of the IC of the Russian Federation - a short story, for the first time clearly specifying all aspects of the maintenance of children and determining the responsibility of legal representatives to protect their property. Readers are invited to not only the content of a particular article, but also examples from judicial practice.
The need to protect rights
The child is a dependent creature. He comes to this world by the will of adults, who form a good picture of him, emerging in the mind of the baby. Satisfying his needs, parents show concern and receive love and unconditional trust in response. If the child is dry, warm and full, he smiles, and there is no reason for tears and anxiety. But this does not always go on. A good picture of the world begins to collapse over time. The reasons may be family problems, divorce of parents, improper care of the child, violation of his rights, violence.
If legal representatives do not fulfill their duties in relation to a minor, the law is called to defend him. Art. 60 SC regulates property relations and the rights of the child. This is only one of the directions of state policy in the interests of the socially vulnerable part of the population, whose interests it protects.
Content of property rights
What property rights can a child have in a family? The answer to this question is given by Art. 60 SK RF with comments. Even without participating in work and without contributing to the family budget, the minor nevertheless has the prerogatives:
- receive the necessary content from parents and other relatives;
- be the owner of their income and property acquired with personal funds;
- when sharing with parents to use their material goods by mutual agreement.
There are five points in the article, the last of which appeals to the Civil Code in all cases when adult family members and children have common property. It is civil law that is designed to regulate the use, ownership and disposition of joint property.
Point One - The Most Important
Parents are called to satisfy all the vital needs of a minor: in food, clothing, housing, education. For the most part, they fulfill obligations to their children voluntarily, in accordance with their own understanding of moral duty and life priorities. Parents support their children with their earned money and other types of income. For low-income families, additional social benefits are provided for minors. Nevertheless, facts of non-fulfillment of their duties by one or both parents occur.
Art. 60 SC provides for the possibility of recovery of funds for the maintenance of minors in court. A statement of alimony can be filed both against a parent evading his duties, and against other relatives - grandfathers, grandmothers, adult sisters and brothers. Such steps are taken when it is not possible to hold the mother and father of the child accountable.
The main provisions of the second part
What is dedicated to paragraph 2 of Art. 60 SK? Family law in this part defines the following provisions:
- The recipient of alimony, benefits and pensions is the legal representative of the child - the mother, father or guardian.
- Funds should be spent strictly for their intended purpose - directly to the minor, his education, maintenance and upbringing.
- It is permissible to transfer part of alimony (up to 50%) to an account opened with a bank in the name of a minor, but only by a court decision.
The comments on the article clarify that the child may be entitled to additional payments: a disability or survivor's pension, a federal or regional social allowance. The recipient of funds is still either a parent or guardian. But adults should spend it on a child who is the owner of these payments by law.
Judicial practice under Art. 60 SK RF
Who and with what claims most often goes to court in the second part of the article? We list the most common situations.
- The parent appeals to the court, living separately and observing maintenance obligations. In his opinion, the ex-spouse spends money on herself and her new husband, not providing the child with high-calorie nutrition, not paying for mugs and sections, excursions and other educational activities. He is ready to pay child support only on the condition that part of the money will be transferred to the settlement account of his son or daughter. As evidence, the father cites the testimonies of teachers, relatives, neighbors, presents unpaid bills from institutions of additional education, extracts from a medical card, characteristics of the child. With a good preparation of the evidence base, the court most often makes a decision on transferring part of the alimony to the account opened in accordance with Art. 60 SK.
- A parent raising a child after a divorce applies with a claim for the recovery of alimony. The former spouse explains in court that he is not ready to pay for the maintenance of the child, as he is not sure that the wife will spend the money for the purpose. She took a consumer loan, is not officially employed. In addition, it prevents the father from communicating with his son or daughter. In such a situation, court alimony is usually exacted, and the question of the schedule of meetings is decided in another trial, where the father should be the plaintiff. The court is guided by evidence, not speculation. Both parents must support the child until he comes of age.
Owner child
The third paragraph of the article under discussion confirms the ownership of the minor. It concerns the income received, donated or inherited property, as well as all that is acquired at the expense of its funds. Parents dispose of the property under the conditions prescribed in the Civil Code. The participation of the child is governed by the rules of legal capacity. To conclude transactions and dispose of the property in full, as a minor, he can only after emancipation. The recognition of full legal capacity either occurs by decision of the court or guardianship authorities. An important condition is employment upon reaching the age of sixteen.
In the comments to Art. 60 SK stipulates the degree of participation of minors in the exercise of property rights. Children under 6 years of age do not even have partial legal capacity, so all transactions with their property are made by legal representatives. Up to fourteen teenagers can dispose of property in that part where notarization or state registration is not required. For example, to make purchases in stores, to accept as a gift things (computer, bicycle), but parents are responsible for their actions. If minors caused material damage to the state or third parties, according to the law, claims are brought against adult family members. You can open deposits with credit organizations and personally manage income (scholarship, earnings) after receiving a passport, that is, from the age of 14.
The basic principle of legislation on property rights of children
It is enshrined in paragraph 4 of Art. 60 SK RF. A correct understanding of this would help to avoid many conflict situations that arise between relatives and spouses.The principle is the division of property of minors and their parents and the right to it. A minor may reside in the ownership of his father or mother, but this requires mutual consent. Registration on someone else’s living space provides the right to use, but does not vest the owner with authority. As long as the family is a whole, questions, as a rule, do not arise. If the couple divorces, then the jointly acquired property is divided in half without allocating an additional share for the child.
In the comments to Art. 60 h. 4 of the IC of the Russian Federation it is also said that the property of a minor cannot be alienated by anyone without taking into account his interests. Guardianship authorities agree to carry out all property transactions involving children without fail. But even their decision, if any party considers it unlawful, can be challenged in court.
Instead of a conclusion
A child can also be a co-owner, as mentioned above. In this case, legal relations are regulated by civil law. So, he may have a pre-emptive right when purchasing a sold share of the common share ownership. Naturally, before the onset of full legal capacity on his behalf, one of the parents will be a party to the transaction. Courts today are filled with cases to protect the rights of children, including property rights. Most often this is due to the unfair attitude of their legal representatives to the property of children. They take loans secured by apartments, worsen housing conditions as a result of sales, do not pay utility bills, accumulating debts. Guardianship authorities are obligatory participants in such cases, but this does not guarantee a positive outcome.