Study On The Effectiveness Of Guardian's Disposal Of Pupil's Property Behavior

The parents,as guardians of the children of minors,have the obligation to protect the children's person,property and other legal rights of minors from damage by third parties.Article 18 of the General Principles of the Civil Law stipulates the act of the Guardian in disposing of the property of the ward and the Guardian's infringement on the lawful rights and interests of the ward.A guardian shall not dispose of the property of the ward "except for the interests of the ward",and the Guardian shall impair the lawful rights and interests of the ward,and the ward may require the guardian to bear responsibility.Article 35 of the General Provisions of the Civil Law is based on Article 18 of the General Principles of the Civil Law,which further stipulates the behavior of the Guardian in disposing of the property of the ward,and requires that the Guardian must "safeguard the interests of the ward" before disposing of the ward's property.And put forward "the most beneficial principle for the ward" and "the principle of maximum respect for the true will of the ward." However,the improvement of legal provisions has a small impact on judicial practice.The court still follows the thinking of Article 18 of the General Principles of Civil Law: "The effectiveness of disposal of property for the benefit of the ward",and the safety of transactions takes precedence over the protection of the interests of minors.Even in the trial,there are different applicable clauses and different outcomes.In order for article 35 of the General Civil Code to play a real role in practice,the interests of the ward are protected from harm.Regarding the identification of guardian status,it should be clear that the Guardian is not a "representation agent" and the counterpart of the transaction is not protected by the bona fide acquisition system.Our country needs to draw lessons from the German law to the Guardian custody understanding,the Guardian is only the person with limited agency right.Article 35 of the "General Civil Law" as the basis for evaluating the effectiveness of the Guardian's disposition behavior,it should be clarified that it applies Article 52,Item 5 of the "Contract Law" and is a mandatory provision of effectiveness.Therefore,the Guardian's "not for the benefit of the ward" disposal of property is all invalid.In the case of the Guardian's disposition of the property of the ward,the court does not have to choose between the protection of minors and the maintenance of transaction security,so that the guardianship system truly protects the interests of the ward.