Интересы детей как фактор перехода от супружеской к семейной собственности

Abstract

The article raises the issue of children's property interests for discussion. In the past, family and even clan ownership was recognized, but then, in the noble effort to protect women's property rights, a system of joint marital property was introduced. When dividing property, the spouses' shares are recognized as equal. The law makes a rather unusual reference to children's property rights, stating that a deviation from equal shares may be allowed in the interests of minor children. And the seemingly crucial fact that children most often remain with one parent does not, according to judicial practice, in itself mean that the share of that former spouse should be increased, since child support is provided through alimony payments. The issue of children's property rights becomes even more distressing when it becomes clear that all primary property, including residential premises, is the personal property of the spouse, which they have no intention of sharing. The state allocates significant funds to families upon the birth of each child. Perhaps it's time for parents, from the moment their own child is born, to allocate some kind of gift from their joint and personal property to provide for their child financially. Family is a complex phenomenon, both in its composition and in the customs and traditions it espouses, but its core is the bond between parents and children. Children's interests, as a value concept, are interpreted individually by each parent, and even the court exercises its own discretion. Perhaps, then, children's property interests should be enshrined in law, not just through alimony obligations. This would shift from marital to family property, which would also impact many other legal relationships, such as adoption or the confiscation of vehicles, when one family member is at fault, but everyone, including the children, is punished. This article encourages discussion and, ultimately, a revision of several family law provisions.