ИМОВИНСКИ ПОЛОЖАЈ ДЕТЕТА У ПОРОДИЧНИМ ОДНОСИМА (УПОРЕДНИ ПРЕГЛЕД)
PROPERTY-LAW POSITION OF CHILD IN FAMILУ RELATIONS (A COMPARATIVE REVIEW)

Summary/Abstract: A comparative analysis of the property-law position of child in family relations shows the existence of common basis for relevent legal solutions. The child is entitled to maintenance until underage and incapable for living independently. The right to support depends on the child’s family status. By determining the paternity the obligation is established of the out-of-wedlock father to support his child. In the majority of laws and statutes the sex of parents or that of the child are legally irrelevent. In case of divorce, both parents have a duty to support their children. The amount of maintenance corresponds to the possiblities of those under the duty to support. As a rule, the maintenance has priority as far as the property of the child is concerned, while children have no share in terms of law in their parents’ property. Children may own property, but until underage that property is managed by their parents. As a general rule, both parents are entitled to such management. The right to manage depends on the origin of property. Parents are not entitled to dispose of child’s property (to sell it, etc.). Parents represent their underage children. But they can not represent them if there is a conflict between the interests of children or between the interests of children and parents. Children are legal successors of their parents - of the first degree. They are equal, as a rule, in matters of inheritance. Under certain conditions, children may be deprived of inheritance.

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