A Study On The Duty Of Guardians Of Minors’ Property

According to the relevant provisions of China’s guardianship system,the duty of the guardian is to act on behalf of the guardian in carrying out civil legal acts in accordance with the principle most beneficial to the guardian,and to protect the guardian’s personal rights,property rights and other legal rights and interests.At the same time,the guardian shall not dispose of the guardian’s property except for protecting the interests of the guardian.However,the existing legislation does not specify the guardianship responsibilities of the guardian in respect of property,and does not specify the effectiveness of the guardian’s disposition of property for the benefit of minors.This article intends to analyze the existing legislative provisions in China and sort out the relevant judicial judgments in practice to find out the problems in the guardianship of the guardian’s property in the guardianship system of minors in China: How to understand the meaning of "Guardian Disposition",how to define the disciplinary action for the benefit of minors;how should the legal effect of the guardian’s disposition of property not for the benefit of minors be evaluated,and how should the resulting conflicts of interest be balanced.Through combing and analyzing the aforementioned problems,we finally put forward suggestions for improving the property guardianship duties of guardians of minors in China.The thesis mainly consists of four parts except for the conclusion part:The first part,by analyzing the existing legislative provisions and combing judicial decisions,leads to the issues discussed in this article.On the one hand,by analyzing the legislative provisions,we can see that the guardianship system of our country only briefly stipulates the content and responsibilities of the guardianship duties of the guardians,and adopts the "grand guardianship" legislative model,which does not distinguish between parental rights and guardianship;Different recognition of the interests of minors and different understanding of guardianship duties of guardians have led to different opinions and judgments on the effectiveness of contracts for disposing of their property for the benefit of minors.This article will explain the content of the guardianship duties of guardians of minors and how to identify and deal with the issue that guardians do not dispose of the property of guardians for the benefit of minors.The second part discusses the content of the guardianship duties of guardians of minors.First,according to the principle most beneficial to the guardian,the guardian should perform the duty of property guardianship with the protection of the interests of minors as the starting point;secondly,by analyzing the way in which minor property is acquired,affirm the property of minors and determine the scope of guardianship of property;Finally,it is believed that the guardianship duties of the guardian’s property include the narrow sense of property management and punishment.The guardian’s duty of care is the same duty of care to handle his own affairs.At the same time,the “discipline” provided in Article 35,paragraph 1,of the General Rules of Civil Law should be understood as granting The guardian’s authority to dispose of.The third part discusses the effectiveness of guardians disposing of minors’ property for the benefit of minors.First of all,to discuss the judgment of "not for the benefit of minors",a comprehensive judgment should be made according to the purpose of the disposition,the result of the disposition,and the risk of the disposition.Secondly,it is believed that the analysis of the effectiveness of the guardian’s disposition of property for the benefit of minors should abandon the standard attribute path and conduct it under the framework of agency,even if the guardian disposes of the minor’s real estate in his own name,if the third party in the transaction can learn Exist,still belong to the category of agency.If the guardian disposes of property in violation of the interests of minors,it is considered to be an unauthorized agent that exceeds the legal authority of the agent.Finally,it is believed that the counterparty of the transaction should have an obligation of review.Under the framework of unauthorized agency,because the minor has no reason for liability,even if the counterparty of the transaction is not in good faith,the representative agent is not applicable.If the minor is recognized after he becomes an adult,it will take effect;if the minor is too long to reach adulthood and cannot be recognized,based on the need to protect the interests of the minor and maintain the order of the transaction,the disciplinary action not for the benefit of the minor is invalid.If there is malicious collusion between the counterparty of the transaction and the guardian and it is invalid;if the counterparty of the transaction harms the interests of the minor due to negligence,then the fault with the guardian shall be liable.The fourth part,based on the need to protect the property of minors,puts forward relevant suggestions for the improvement of the system from the perspective of guardianship of the guardian’s property.First,the guardian should follow the principle of focusing on the interests of minors to perform the duties of guardian property;second,the property ownership of minors(for the property derived from the guardian)should be recognized;standardize the guardianship of guardian property,if the guardian is not Disposal of property for the benefit of minors,and if the minor cannot be recognized,the disposition will be invalid and the guardian will bear the corresponding responsibility;Finally,the guardian cannot only be required to distinguish the property of the minor from his own property and perform the guardianship duties correctly.In the guardianship duties,the content of making property lists is added,and guardianship supervision is added in the future guardianship system to standardize the guardian’s performance of duties.