ACTIVE CAPACITY ASCERTAINMENT OF UNDER-AGE PARENTS: CURRENT STATE AND PROSPECTS
Rubrics: CHASTNOE PRAVO
Authors:
1.
Volgogradskaya akademiya MVD Rossii
2.
Volgogradskiy institut upravleniya - filial Rossiyskoy akademii narodnogo hozyaystva i gosudarstvennoy sluzhby pri Prezidente Rossiyskoy Federacii
Type:
Article
Pages:
from 23
to 27
Status:
Published
Received:
06.06.2017
Accepted:
15.06.2017
Published:
25.06.2017
Language:
Russian
Keywords:
under-age parents, parental authority, full active capacity, incomplete active capacity, children’s rights, property interests
Abstract (English):
The authors of the article attempt to solve some contradictions in the Family Code and the Civil Code associated with the exercising of parental authority of property nature by the under-age parents being unmarried. In accordance with article 62 paragraph 2 of the Family Code of the Russian Federation the lack of full active capacity doesn’t make it possible for under-age parents to exercise their parental authority. Under-age parents are not allowed representing property interests of their children, because they have to obtain a written consent of their legal representatives themselves to conduct transactions certifying by a notary or requiring State registration. In that regard, the authors suggest to increase the grounds range allowing obtaining the full active capacity to an under-age person. Thus, the unmarried person who has reached the age of 16 and gave birth to a child may be considered to have full active capacity. Such recognition of full active capacity is made by guardianship agency with the consent of both parents or one of them in the case of valid reasons of mutual consent unavailability or by adoptive parents or guardians or, failing that, by court decision.
The authors of the article attempt to solve some contradictions in the Family Code and the Civil Code associated with the exercising of parental authority of property nature by the under-age parents being unmarried. In accordance with article 62 paragraph 2 of the Family Code of the Russian Federation the lack of full active capacity doesn’t make it possible for under-age parents to exercise their parental authority. Under-age parents are not allowed representing property interests of their children, because they have to obtain a written consent of their legal representatives themselves to conduct transactions certifying by a notary or requiring State registration. In that regard, the authors suggest to increase the grounds range allowing obtaining the full active capacity to an under-age person. Thus, the unmarried person who has reached the age of 16 and gave birth to a child may be considered to have full active capacity. Such recognition of full active capacity is made by guardianship agency with the consent of both parents or one of them in the case of valid reasons of mutual consent unavailability or by adoptive parents or guardians or, failing that, by court decision.
Keywords:
under-age parents, parental authority, full active capacity, incomplete active capacity, children’s rights, property interests
under-age parents, parental authority, full active capacity, incomplete active capacity, children’s rights, property interests
1. O nekotoryh voprosah primeneniya sudami Zakona Rossiyskoy Federacii «O privatizacii zhilischnogo fonda v Rossiyskoy Federacii»: postanovlenie Plenuma Verhovnogo Suda Rossiyskoy Federacii ot 24 avgusta 1993 g. № 8 (red. ot 02.07.2009). Dostup iz sprav.-pravovoy sistemy «Konsul'tantPlyus».
2. O polozhenii detey i semey, imeyuschih detey, v Rossiyskoy Federacii: gosudarstvennyy doklad Mintruda Rossii, 2015 g. Dostup iz sprav.-pravovoy sistemy «Konsul'tantPlyus».
