Children’s Property Rights

A child, like any adult, may be the owner of movable or immovable property. Depending on age, the child has the right to carry out transactions and exercise other rights of the owner laid down by law, either by themselves or through their legal representatives. Up to the age of 16, the child’s property is under parental control, whereas after that age the child has the right to freely manage everything they have acquired through their personal work, as well as everything that has been transferred to their free administration by their parents or granted free of charge by relatives or other persons. The protection of children’s property rights and interests is entrusted to the Orphan’s and Custody Courts, which perform a number of tasks laid down in the Law on Orphan’s and Custody Courts. For example, they decide whether the acceptance of an inheritance would be in the child’s best interests. They also decide whether a permission to handle the child’s property should be granted to the parents or legal representatives.

Example: Grandparents want to gift some real estate to their grandchild who is still a minor. To do this, a gift agreement must be concluded between the grandchild and grandparents. Should the agreement first be approved by the Orphan’s and Custody Court?