Some aspects of the eternal problem "fathers and sons"
Keywords:
parents, children, property rights, emancipation, family values, legal capacity, limitation of legal capacity, claim procedureAbstract
The article examines problematic issues of parent-child relationships in the sphere of property relations. The issues of property rights and division of property of spouses, the lack of necessary regulation of property rights of children are considered from the standpoint of the need to preserve traditional family values. Positive and negative aspects in the legal regulation of emancipation and the practice of its application are shown. The position on the need to consider cases of recognizing minors as fully capable in the order of claim proceedings is supported. The need to attribute these cases exclusively to the competence of the court is substantiated. Attention is drawn to a certain lag in legislation in the issue of participation of a representative by appointment to protect the rights of minors. It is also necessary to more quickly eliminate the gap in legislation, which is compensated to some extent by explanations in the resolutions of the Plenum of the Supreme Court of the Russian Federation. Attention is drawn to the legal capacity of minors aged fourteen to eighteen years and the grounds for its restriction. It is concluded that in a family where family values are truly followed, there is, in principle, no need to apply emancipation or deprive a minor of the right to manage his or her income. These are also modern aspects of the “fathers and children” problem.