Publication date: 10.06.2024
Protection of children's property rights: legal mechanisms and court practice
Introduction
The protection of children's property rights is a key element of Ukraine's legal system aimed at ensuring the welfare and future of minors. State authorities, courts and legislation play an important role in protecting these rights. In this article, we will analyze the legal mechanisms for the protection of children's property rights in Ukraine, as well as the current case law.
Legislative regulation
The main legal acts regulating the property rights of children in Ukraine:
The Constitution of Ukraine:
- Guarantees the protection of human rights and freedoms, including children (Article 51).
Family Code of Ukraine:
- Defines the rights of children to property and the obligations of parents to ensure these rights (Articles 173-177).
The Civil Code of Ukraine:
- Regulates property relations, including children's ownership of property (Articles 31, 32, 177).
The Law of Ukraine "On Protection of Childhood":
- Establishes the basis of state policy in the field of protection of children's rights, including property rights.
Basic property rights of children
The right to inheritance
Children have the right to inherit both by law and by will. In the absence of a will, children are the primary heirs by law.
The right to alimony
Parents are obliged to provide financial support for their children, including alimony in the event of divorce or separation.
The right to housing
Children have the right to housing provided by their parents or other legal representatives. A child may be evicted from housing only by court order.
The right to a property share
Children have the right to a share in property owned by the family or jointly with other family members, in particular, in the case of division of marital property.
Legal mechanisms of protection
Guardianship and trusteeship
To protect the property rights of children left without parental care, guardianship or custody is established. Guardians and trustees are obliged to take care of the preservation and increase of the child's property.
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Legal defense
In the event of a violation of children's property rights, the court is the main body that ensures their protection. Parents, guardians or guardianship and custody authorities may file a lawsuit to protect the rights of a child.
Guardianship and trusteeship authorities
The guardianship and custody authorities monitor the observance of children's rights, including property rights. They can intervene in cases of violation of these rights and take appropriate measures.
Court practice
Establishment of alimony
Case law on child support is quite common. The court takes into account the parents' income, the child's needs and other circumstances to determine a fair amount of child support.
Resolving inheritance disputes
The court practice also includes consideration of inheritance disputes where children act as heirs. The court decides on the legality of the will, and the
distribution of inherited property and other controversial issues.
Protection of the right to housing
The courts consider cases of eviction of children from housing, ensuring the protection of their rights to residence. Eviction is possible only if there is alternative housing for the child.
