Abstract:
In situations where parents dispose of the property of their minor children, it is essential to give full consideration to the altruistic motives of parents and the ethical identity of kinship unity when determining whether it is in the best interest of minor children, to avoid leading to a purely monetary relationship. For actions that only involve the property interests of minor children, parents should exercise the same level of care as they would in handling their own affairs; when the property disposition involves the personal interests of minor children, parents must exercise the standard of care of a good custodian. Based on the collective nature of the parent-child relationship, the elements of overall economic improvement, livelihood maintenance, and housing needs reflect the interests of the family and are closely related to the interests of minor children. In cases where parents dispose of the property for the sake of family interests, if the disposition involves property co-owned with minor children, it must meet the “appropriateness” requirement to maintain basic daily living needs; if the disposition involves the unique property of minor children, it must also meet the “urgency” requirement. Based on the altruistic nature of the parent-child relationship, parents can be moderately allowed to manage and invest in property for the altruistic purpose of increasing the future interests of minor children, taking into account the level of risk, rate of return, and overall benefits. If parents have balanced the investment ratio and the overall state is in positive returns, it can be presumed to be in the best interest of minor children.