How do I manage my own property?
1. What is the child’s personal property?
Pursuant to Clause 1, Article 75 of the Law on Marriage and Family 2014, the child’s right to own property is as follows:
| Article 75. Children’s right to own property
1. Children have the right to own property. A child’s separate property includes property separately inherited, donated separately, income from his/her labor, yields, income arising from his/her own property and other lawful income. The property formed from the child’s own property is also the child’s own property. |
Thus, children are entitled to their own property. A child’s separate property includes property separately inherited, donated separately, income from his/her labor, yields, income arising from his/her own property and other lawful income. The property formed from the child’s own property is also the child’s own property.
In addition, according to the provisions of Clause 5, Article 70 of the Law on Marriage and Family 2014, children are also entitled to property rights commensurate with their efforts in contributing to the family’s assets.
2. How do parents manage their children’s private property?
Pursuant to Articles 76 and 77 of the Law on Marriage and Family 2014 stipulates as follows:
| Article 76. Management of children’s private property
1. Children aged 15 and over can manage their own property or ask their parents to manage it. 2. The private property of children under the age of 15, children who have lost their civil act capacity, are managed by their parents. Parents can authorize others to manage their children’s private property. A child’s private property managed by a parent or another person shall be returned to the child when the child is full 15 years of age or older or when the child regains full civil act capacity, unless otherwise agreed upon by the parents and the child. other. 3. Parents do not manage their children’s private property in cases where the child is being warded by another person according to the provisions of the Civil Code; the person who donates the property or leaves the inheritance under the will to the child who has appointed another person to manage such property or in other cases as prescribed by law. 4. In cases where the parents are managing the private property of their minor children, the adult children have lost their civil act capacity and the children are assigned to another person for guardianship, the children’s own property shall be handed over to the guardians. managed according to the provisions of the Civil Code. Article 77. Disposal of private property of minor children, adult children who have lost their civil act capacity 1. In case a parent or guardian manages the private property of a child under the age of 15, he or she has the right to dispose of such property for the benefit of the child. If the child is full 9 years of age or older, the child’s wishes must be considered.< /span> 2. Children aged between full 15 years and under 18 years have the right to dispose of their own property, except where the property is immovable property, movable property with registered ownership, right to use or use the property for business, must have the consent of the owner. written consent of the parent or guardian. 3. In cases where an adult child has lost his/her civil act capacity, the child’s private property will be disposed of by the guardian. |
2.1. Where parents have the right to manage their children’s private property
– Children aged full 15 years and older can ask their parents to manage them;
– The personal property of children under the age of 15, children who have lost their civil act capacity are managed by their parents.
Thus, if a child has his/her own property, the parent has the right to manage that private property for the child, in addition, the parent also has the right to authorize the management of that property to another person. But when the child is 15 years old, the parents will hand over this management right to the child.
In addition, when parents manage their children’s own property under the age of 15, the parents can only sell that property to ensure the interests of the child, however, if the child is full 9 years of age or older, it is still necessary to consider their will. my hope.
2.2. Where parents are not allowed to manage their children’s private property
– The child is being warded by another person according to the provisions of the Civil Code;
– The person who donates the property or leaves an inheritance according to the will to the child who has appointed another person to manage such property or in other cases as prescribed by law;
– Parents who are managing the private property of minor children, adult children who have lost their civil act capacity and the children are assigned to another person’s guardianship, the child’s own property shall be handed over to the guardian for management. according to the provisions of the Civil Code.
Above is the advice of Khoa Tin Law on “How to manage your own property?”.
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