Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului
Current Aspects of Exercising the Parental Authority Over the Child’s Assets

Author(s): Cristiana Mihaela Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Source Material
Published by: Universul Juridic
Keywords: parental authority; the child’s assets; best interest of the child; authorization;
Summary/Abstract: :The exercise of parental authority over the child and its assets belongs jointly to both parents and it aims to ensure the conditions necessary for the child's upbringing and development of the child’s personality, as well as the protection of the best interests of the child. In the event that one of the parents is dead, missing, unable to express his or her will or if by court decision one of the parents has been granted the exclusive exercise of parental authority over the child, parental authority is exercised exclusively by one of the parents. As for the child’s assets, there is a special situation in which one of the parents is a minor, having limited ability to exercise parental authority. According to the current case law, the exercise of parental rights and the fulfillment of parental obligations regarding the child's assets encounters certain difficulties, especially in situations in which only one of the parents has the right to exercising parental authority. The problem mainly lies in the necessity and opportunity for the guardianship authority to authorize certain documents that the parent must conclude, regarding his or her child’s assets.

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