A Study on the Definition and Implementation of Minors' Property in China
The unclear boundary of property rights of underage children in legislation has led to the prob-lem of ineffective protection of their property rights,and has also caused differences in judicial rulings. In order to effectively protect the property rights of minors in practice,a "differentiated" property identifi-cation paradigm should be established. Within family relationships,when property disputes arise,determin-ing whether property belongs to minors should examine the source of consideration for the property and the true intentions of family members,in order to balance the dual attributes of ethics and rights at-tached to property in the family context. Outside of family relationships,the protection of the property rights and interests of minors should be the core,and the principle of property rights disclosure should be applied to determine the ownership of property.
property of minorsminor childrenpropertyfamily ethics
万方数据
维普
