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Research On Parents' Improper Disposal Of Minor Children's Property

Posted on:2022-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y XueFull Text:PDF
GTID:2516306320491534Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of economy,more and more minors hold property independently,and the problem of parents' improper disposal of their children's property occurs from time to time.China's law recognizes the property rights of minors.At the same time,the property of minors has certain particularity.The separation of management and ownership makes them vulnerable to improper disposal by their parents.Parents' disposition of minor children's property involves multiple interests,such as minor children's property rights and interests,parents' property custody,relative interests and so on.Therefore,it is necessary to define the disposition,especially in the context of civil code,and analyze the specific circumstances of parents' disposition of minor children's property in practice.At present,the legislation for the identification of parents' improper disposition of minor children's property is relatively macro,and there is no unified standard in judicial practice.It is necessary to identify the improper disposition behavior by integrating the purpose and result of disposition.At the same time,we should be aware that after the promulgation of the civil code,the protection of minor children's property tends to be more complete,but there are still some outstanding problems,such as the unclear scope of minor property,the unclear rules of property disposal,and the imperfect supervision and restriction mechanism Improve the supervision and relief mechanism,through the introduction of substantive judgment standards,strengthen the identification of improper disposal behavior,strict legal regulation of parents' disposition of minor children's property,solve the problem of improper disposal,and better protect the property rights and interests of minors.
Keywords/Search Tags:Parents, Property of minor children, Improper Disposal, Property Custody
PDF Full Text Request
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