A child is a person under the age of 18 years (majority). Chapter 11, article 54 of the Family code of the Russian Federation

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2018-03-26 15:31:20

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The Legal status confirms the position of man in the world. With age, all get new rights, obligations, responsibility. They are not only in adults but also in children. At least the age of majority is 18 years, yet before the guys have their rights.

All the rights and obligations of the child enshrined in the Family code of the Russian Federation. Also there is a Convention on the rights of the child - an international document, sostojashie of the 54 articles. On the basis of their regulated life, education, development of children.

Life and education

In article 54 of the RF IC confirmed the child's right to life and upbringing in the family. Therefore, children without parents supported by the state. A child is a person under the age of eighteen years.

a child is a person under the age of

Children can know their parents, to their care, to live with them. The exception may be cases of a conflict of interest. Children should grow up parents. They have a right to promote their interests, growth, respect.

If there are no parents, raising children the organization of guardianship and custody according to the rules set out in Chapter 18 of the RF IC. Such rules indicated in article 54.

Communicate with parents and other relatives

Children can communicate with parents and other relatives. It is stipulated in article 55. Even the parents divorce, separate accommodation should not restrict this right. This rule applies in the case of residence in different countries. The child touched the extreme situation, you can contact with parents and other family members.

Security

A Child is a person under the age of eighteen years who has the right to the protection of interests. It is provided by parents or substitute persons, and also bodies of guardianship, public Prosecutor, court. A minor who was capable of up to 18 years of age may independently exercise rights and obligations, including protection.

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article 54

Children have the right to be protected from inappropriate behavior of parents. If violated the interests of the child, including failure to perform parental duties, the minor may apply to the guardianship. In the performance of 14 years has the ability to protect your interests in court.

If any person is aware of the threat to the child, you should notify the organization of guardianship and curatorship at the place of residence. Upon receipt of such information, steps will be taken to protect the interests of minors. The rule is established in article 56.

Opinion

The Rights, the interests of minors deal with different aspects of life. The child has the right to Express personal opinions (article 57). Sometimes children up to 18 years are invited to court for the hearing during the meeting. The opinion of a child who is 10 years old. The exceptions include the cases when this is contrary to its interests. Some decisions of the guardianship will be accepted by consent of a child of 10 years.

18

Name surname

A Child is a person under the age of eighteen years who has the right to a name, a patronymic, a surname (article 58). The name is set by parents, the middle name determines the name of the father. The name assigned to the parent. If the father and mother it is different, it is established by agreement.

If between parents there is no agreement about the name of the child, disputes to be resolved by the guardianship. In the absence of paternity the name of the children assigned to the mother.

Change of name, surname

A Child is a person under the age of eighteen who has the right to change of name (article 59). This provision is available in the execution for 14 years. Procedure with joint request of parents in the organization of care. Select the desired name, and the name changed to the surname of the other parent.

age of majority

If the mother and father live separately and the parent with whom the child is reluctant to give his surname, the guardianship is granted this capability, depending on the interests of the child. The opinion of the other parent is not required.

If children are born out of wedlock, and paternity is not established, may permit change of name on the name of the mother. To change the name or surname of a child older than 10 years will only with his consent.

Property rights

Children up to 18 years old have property rights (article 60). They can get the content from parents and other relatives. Funds intended for minors, can be in the form of alimony, pensions, allowances. Dispose of them parents, spending on maintenance, upbringing, education. Alimony can be transferred from the income payer in an amount not more than 50 %.

The Child may receive income, property, gift, inheritance or with the help of the transaction of purchase and sale. The order is in force under articles 26 and 28 of the civil code. But the child has no right of possession of the property of parents, as well as the past are unable to dispose of the property of children. The use is permitted by the agreement.

Legal representative

In the civil code there is no definition of this concept, and in SK the Russian Federation it is uncommon. But it is used widely in the protection of children's rights. In the RF IC stated that parents are considered legal representatives of their child. They have to protect their interests (article 64). If there's disagreement, the representative of the minoris determined by the guardianship authority. Confirmation of legal representation is a birth certificate.

a child is a person under the age of eighteen years

In some situations the child needs care, for example, deprivation of parental rights. Then the appointed representative will be an advocate in different organizations. Sometimes children are under the guardianship of the guardianship, when should the decision of the future life of the child.

Legal status

Apart from the fact that a child is a person under the age of eighteen, he has his own status. It is established by law:

  1. Up To 6 years – incapacity.
  2. 6-14 years – capacity is limited.
  3. 14-18 years – a partial capacity.
  4. With age – capacity.

Full and partial capacity kompensiruet parents or guardians. They have a responsibility to care for the physical and material condition of the children. In the period 6-14 available simple transactions, which do not need to sign a legal paper. Permitted actions specified in article 28 of the civil code.

With 14 years of children's rights expand, they have a partial capacity, so they can:

  • Dispose of the funds earned;
  • Secure intellectual property rights;
  • To make deposits in banks;
  • Take part in real estate transactions.

The law says that the offensive capacity of 16 years. Under article 21 of the civil code this occurs for the following reasons:

  • Marriage;
  • Work under an employment contract;
  • Open your own business.

Full capacity, or emancipation, occurs on the basis of the decision of the guardianship authority or the court.

Who should be the baby.

A Minor under 14 years of age must live with their parents or guardians. In the absence of legal representatives – in the institutions of the guardianship. Possible separate accommodation during treatment or stay in a reformatory. Often, parents live separately. Then you need a peaceful way to resolve the issue of minors.

rights of interests of minor children

If it failed to solve, it is necessary to apply to the courts. According to article 65 of the RF IC, take into account the views of the child. If he is 14, he has the right to determine the place of residence with the permission of parents. But the RF IC does not include this possibility, and of the civil code allows separation after 16 years.

Divorce

Upon dissolution of the marriage, the spouses must decide on the accommodation and security of children. In practice there are cases of joint custody when the child turns lives with her mother and father. The question of accommodation can be solved in a peaceful way and in the courts.

Voluntary right is enshrined in article 65 of the RF IC. Otherwise you'll have to go to court. After reviewing all the circumstances the court decides on the stay of the child in the divorce. The court shall consider the interests of the children and rights of parents in this situation are the same.

The Court takes into account:

  • The personal qualities of the parents;
  • Schedule;
  • Income;
  • Marital status;
  • Relationship;
  • The presence of siblings;
  • Health;
  • Place of residence;
  • Opinion of the child, if 10 years old.

The Court selects the accommodation where the child will be given the most favorable conditions. Each case is different, because the decision is affected by many factors.

Agreement

The Voluntary agreement is less traumatic for the child's mental state. This right is established in article 23, 24 of the RF IC. The agreement establishes not only accommodation, but also the order of support.

the representative of the minors

That the documents were legitimate, it must be signed by both parents, and then certify the notary. You need 3 copies. The court receives a copy of the agreement.

In the absence of parents

When children refuse in situations of absence of parents, responsibility for them rests with the state. The procedure of registration of care established by chapters 18-22 of the RF IC. To identify children in this category have the guardianship, what would be the reason for the absence of parents.

Then:

  • The execution of custody, for example, a close relative;
  • Adoption (adoption);
  • Foster family;
  • Temporary residence in the institution.

Given more and More benefits adoption (adoption). This form of finding families for children considered to be most favourable. Then the rights of the child have to protect his new parents.


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DE: https://www.tostpost.com/de/das-gesetz/23194-das-kind-ist-die-person-die-nicht-lter-als-18-jahre-vollj-hrigkeit-kap.html

ES: https://www.tostpost.com/es/la-ley/23216-el-ni-o-se-reconoce-a-una-persona-que-no-ha-alcanzado-la-edad-de-18-a-.html

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PT: https://www.tostpost.com/pt/a-lei/23138-a-crian-a-reconhece-seu-rosto-n-o-atingiu-a-idade-de-18-anos-maioridad.html

TR: https://www.tostpost.com/tr/hukuk/23189-bebek-tan-nan-bir-ki-i-zerindeki-18-ya-eri-kin-b-l-m-11-ayet-54-aile-k.html

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ZH: https://www.tostpost.com/zh/the-law/13722-18-11-54.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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