|Abstract:||Special protection is dedicated to children because they represent the weakest social group. Around the entire world, the most important benefits for children are put at the forefront by individual countries that protect children with national legislation in compliance with international rules. Nevertheless, the abuse of the child's person and rights still occurs or the child's interests are not sufficiently protected.
The right to property is only one of the child's rights and is just as important. By trying to protect interests and benefits of children, this results, to some extend, in the violation or interference of parents' rights. This is why the boundary between them is crucial.
The property of child is taken care of by the parents; however, the property still has to be adequately protected by state authorities (courts, social work centers) by means of certain institutions. At this point, a question is raised as to whether these options are indeed efficient in practice because it is necessary to both protect the property of child and make sure that the child's needs are met.
Minors are also able to conclude legal transactions, the validity of which, however, is bound to certain requisite conditions. Beside general assumptions for the validity of legal transactions, certain transactions require a prior consent from parents or legal guardians for conclusion of transactions, or they may require the parents subsequent approval. In more important legal transactions, especially in disposal of property or charges of property of child, an additional approval is required from the social work center. Marriage and Family Relations Act does not explicitly provide an answer as to which transactions are comprised; the answer needs to be deduced from case-law, although the question arises as to whether the case law is unified. Here, we consider both the court practices as well as the social work centers practices are not unified.
This thesis presents the analysis of the extend to which social work centers actually consider circumstances of a certain case as regards disposal and charges of property of child or the conclusion of legal transactions in general. Moreover, the thesis examines whether social work centers check the credibility of statements made by parents or legal representatives in court and administrative procedures, and whether they take the child's interests into consideration.
As has been found out, various authorities decide on the child's benefits in various procedures. However, is such an arrangement reasonable or does it benefit the child and are the child's rights sufficiently protected with such an arrangement?
The thesis presents, among others, the institutions of a curator ventris, a children's ombudsman and a children's defender as well as other institutions, their importance and influence on additional proceeds protection of children.
In particular, deficiencies of valid legal arrangement will be presented, together with modification suggestions and possible solutions which we believe would be adequate.|