Custody of the child’s property

Abstract

The subject of considerations in the article is the issue of the content of parental authority, with particular emphasis on one of its components, namely the care of the child. An analysis of the provisions of the Family and Guardianship Code allows us to assume that the main elements of parental authority are taking care of the child, custody of the child’s property and representing it. Custody of the child’s property is a very important element of parental authority because the child, due to the lack of legal capacity or its limitation, needs the help of its statutory representatives. The statutory representative either performs in person the legal act on behalf of and with legal consequences directly for the child or gives consent to perform it by the minor. In order to ensure the protection of the child’s interests, the legislator introduces certain rules for exercising custody over the child’s property, including the obligation for parents to obtain court permission to perform activities exceeding the scope of day-to-day management, carrying out the property management with due diligence, the principle of an equal standard of living for the family remaining in the household, or the order to make an inventory of the child’s property. The article ends with considerations on the termination of the management and its consequences.