Comparative Research On Disposal Rules For Minor's Property

With the progress of science and technology and the development of economy, the property of minors has also progressively increased. It is a problem we have to face to dispose the property of minors and regulate it. Most of counties and regions have made some regulations for it. There are many differences between these regulations. There are also some defects for these regulations:there is no regulation on disposition of some property, some regulations unscientific or unreasonable. With the increase of property and disposal of property of minors, we must improve these regulations. The academic circles have made an effort about it and also obtained some achievements, but most of these concentrated on the system. of capacity, guardianship and legal act and systematic research on disposal rules of minor's property lacks. Therefore, it is necessary for us to reinforce the research on disposal rules of minor property and improve it.Minors are natural persons, whose capacity to act and capacity for responsibility is restricted by rules of law because of not attaining to a certain age. Laws of different countries and regions make different provisions for adult age of minors, while laws of more countries and regions regard18as adult age. Minors are, based on age, divided into persons without capacity for conduct, persons with limited capacity for conduct and persons with full capacity for conduct. Actually every minor has some capacity for conduct. It is overlooked to the capacity of young minors to regard them as persons without capacity for conduct, while exaggerated to the capacity of older minors or married minors to regard them as persons with full capacity for conduct. Therefore, all minors are persons with limited capacity for conduct and may perform juristic acts corresponding to their capacity for conduct.Minors are often so weak in cognitive ability and controlling ability that they cannot dispose their property perfectly like adult. Rules of many countries and regions often prescribe some special conditions for disposal property of minors besides general conditions.According to rules of civil law countries, minors with no capacity can not dispose their wealth, minors with limited capacity only disposing their wealth fit for their capacity, while persons with full capacity can dispose their wealth like adult. These rules to some extent reflect capacity of minors. But there are deficits as follow:young minors, designated as person with no capacity, can not dispose their own property, which ignores actual ability and demand of disposing property of these minors. Older minors granted full capacity may be impaired in disposing their own property. The scope of disposing property often does not fit for the capacity of minors with limited capacity because it is difficult to prescribe it as that.Guardians such as parents are granted the authority of disposing property of minors, and are set many restrictions, such as limits of scope and ways of disposing property of minors, approval of superintendents (such as court of family) indispensible to some disposal of property of minors. It is indispensable to limit guardian's disposing property of minors by rules. The extent and scope limited by rules of different countries is different. Appropriateness of these regulations depends on the conditions of different countries and angle of fair and reasonable valuation.Common Law Countries lack general concept about capacity to contract. Contracts made by minors are not bound to themselves except "necessary" contracts. There is no legal representative system as Civil Law Countries in Common Law Countries and rules of disposing property of minors by guardian are rare.Disposal rules of minor property in Common Law Countries can remedy some defects of disposal rules of minor property in Civil Law Countries:avoiding the problems arising from determining capacity of minors inaccurately; minors safeguarding their legal rights more initiatively. The rules in Common Law Countries, however, have some shortages, such as a necessary being confirmed difficultly, ethical risk arising...