Právní jednání rodiče při správě jmění dítěte aneb jak otočit podstatu a účel zákona o 180°

Abstract

The administration of the child’s assets and debts as a part of parental responsibility is one of the important duties and rights of parents, as well as the duty and the right of the legal representation of the child. This article is trying to compare the original legal text of the relevant law, i.e., the article 898 of the Czech Civil Code (at the time of the codification of the Civil Code) and new legal text (when law No. 192/2021 has novelized the provision in question). The problem/question in the protection of the property rights of a child is researched above all. Several legal acts of parents (as the legal guardians of a child) need the court’s approval. According to the original law, a parent’s legal act without the court’s approval has been refused. Is it was watched as a legal nothing (putative act or no-act). In the view of constitutional law, this way of protecting a child was the maximum possible choice. But the new law has diminished the protection to the minimum, because now such imperfect parent’s legal act may be declared invalid by a court only if the child (or another person) invokes the invalidity (voidable act), and – above all – if the legal act has no harmful consequence for the child, a court does not have to declare the invalidity of such legal act at all.