Terms and Order of Grant Minor Complete Civil CapabilityJournal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 4)
Publication Date: 2015-03-23
Authors : MISHCHENKO M. V.;
Page : 114-119
Keywords : minor; legal transactions; emancipation of minor; grant of complete civil capability;
Problem setting. An institute of emancipation of minor persons is the short story of civil legislation. 2003 to in normatively-legal acts he did not appear. And the last years the problem of decision of grounds and order of acquisition of complete civil capability got wide enough distribution. Target of research. That is why, essence and legal nature of emancipation of minor are considered in the article, in detail an order and terms of grant minor complete civil capability are analysed. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: Y. P. Andrieiev, B. S. Antimonov, S. M. Belova, O. V. Bermicheva, S. M. Bratus, S. V. Bukshina, Y. R. Vebers, N. A. D’yachkova, І. V. Zhilinkova, Z. V. Romovska, Zh. L. Chorna, Y. M. Shevchenko. Article’s main body. Emancipation of minor is such legal state of minor, according to that they have a right independently to determine the meaningful terms of the behavior legally. The minor are emancipated equated with adult citizens. Logically to distinguish emancipation of minor in a separate civil legal institute, as procedure, terms and grounds of grant minor complete civil capability is, to our opinion, well-regulated not enough. At a decision-making in relation to a grant minor complete civil capability a court must take into account the enormous amount of various factors. Most essential from them, in our view, following: 1) psychical and social criterion and 2) the property state minor. Conclusions and prospects for the development. Summarizing resulted it costs to mark that procedure of acquisition minor complete civil capability (in a general view) comes thus: Firstly, had warrants for emancipation of minor, envisaged century 35 ЦК of Ukraine (a person attained 16 and works by labour agreement or is a businessman, or writtening a mother or father of child). Secondly, such person gets the consent of parents and organ of guardianship and caring the decision gives her complete civil capability. Thirdly, in case of absence of consent of parents or organ of guardianship and caring a person can purchase a complete civil capability in the judicial order.
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