| Abstract [eng] |
Master's thesis analyzes particularities of the minor's disposition of property rights, as protection measure to ensure the minor's interests, as designed measure to limit the potential abuse by the parents of children owned assets. Comparative approach is taken to present the disposition of juvenile property regulation in France. The first part discloses the nature of the disposition of the assets of the juvenile, the nature which is even found in the early period of the Roman law. This section identifies the most important historical facts that influenced the development of the disposition of assets of minors. It also discusses the nature of usufruct, which today is the basis for the disposition of juvenile property rights. The second part analyzes the concept and content of the juvenile disposition of property rights. It uncovers the purpose of consolidation of these rights and it’s implementation problems. This section raises the incompatibility problem between the disposition of property rights of minors and management of those property rights usufruct. The third part studies the application of the reasonableness specific to the usufruct, disposal of property belonging to minors. It also discusses the application of the usufruct of the child's property restrictions. It is revealed, that the application of the right of usufruct, when disposing of assets of minors, distorts the purpose of this law. And this is perhaps due to the parents’ of minors lack of awareness of the usufruct rights that are granted to them, content. For this reason, it is analyzing the possibility to correct the usufruct application and establish another person's property right administration, the disposition of assets in relation to minors, in accordance with existing regulations in France. The fourth part investigates the business deals of the assets belonging to minors. The analysis of the 2016 Vilnius District Court practice of law provides that the above mentioned business deals raised to strict requirements, limit the opportunities of parents to enrich the minor’s property and to profit from the additional financial benefits. This may result in juveniles interests breaches. Therefore, these restrictions are evaluated critically. The goal of the fifth part is to analyze the Lithuania’s existing system for property rights of children and insurance of the protection of their interests, and identify the system’s certain advantages and disadvantages. This section examines whether the certain institutions, that have to ensure the juvenile's property rights and interests, are sufficiently able to perform its functions. |
