CONSENT OF PARENTS AND PERMISSION OF ORGANS OF GUARDIANSHIP AND CARING AS OBLIGATORY LEGAL GROUNDS OF FEASANCE OF LEGAL TRANSACTIONS BY VERY YOUNG AND MINOR PERSONS
Journal: LAW AND INNOVATIONS (Vol.1, No. 11)Publication Date: 2015-07-01
Authors : MISHCHENKO M. V.;
Page : 162-167
Keywords : the consent of parents; permission; guardianship; is very young; minor; legal transactions.;
Abstract
Problem setting. The article is sanctified to consideration and analysis of legal problems of decision of role and place of consent of parents and permission of organs of guardianship and caring in the mechanism of protection of rights for very young and minor persons. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: N. A. D'yachkova, І. V. Zhilinkova, V. І. Кrat, R. А. Maydanik, S. E. Моrоzоvа, І. V. Spasibo-Fаtieievа, І. А. Yanicka. Target of research. The purpose of this article is a detailed review and analysis of legal issues determine the role and place of parental consent and the permission of bodies of guardianship and guardianship in the mechanism of protection of the rights of minors and juveniles. Article’s main body. Absence in very young and minor complete civil capability filled in the proper part the capability of parents. Parents must decide the question of property management jointly, and spores between parents decide the organs of guardianship and anxiety or cramps. Detailed analysis of the legislation in this area gives reason to believe that the main subjects designed to implement, protect and defend the rights of the child are: parents (or persons replacing them), notaries, bodies of guardianship and guardianship. What all these actors implement the rights of the child in a close relationship. In particular, certain types of transactions on behalf of a child or her parents can make only with the help of a notary (subject to the notarial certificate of the transaction) and the Department of custody and guardianship (in the case of legislated requirements of the permit that authority to some individual transactions). Conclusions and prospects for the development. The modern state of the system of defence of rights for a child needs subsequent improvement. an important role in his becoming is played by timely legislative changes, and also clear interpretation of basic terms.
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