On the Establishment and Effectiveness of Property Mortgage Under the Name of Minors——Based on Judgment Divergence
The mortgage of property registered in the name of underage children by parents has caused conflicts between transaction safety,third-party trust interests,and the protection of underage property interests in transaction activities,which urgently need to be considered.The current mortgage behavior faces difficulties such as unclear ownership of rights,unclear nature of disposal behavior,and inappropriate consequences caused by disposal behavior.Due to the significant differences in situations between individual cases,value judgments and policy considerations should not be too rigid,and should not be overly biased towards a particular interest.A standardized analysis should be conducted to address the issue,clarifying that property registered under the name of a minor child should be solely owned by the minor child without special circumstances.Article 35 of"The Civil Code"is a statutory restriction on parental mortgage behavior,and the final legal effect of the behavior should be determined based on individual cases and basic principles.
minor childrenmortgage rightsunauthorized disposalgood faith acquisition
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