论父母处分未成年子女财产的利益判断标准

    Criteria for Judging the Interests in Parents’ Disposition of Minor Children’s Property

    • 摘要: 在父母处分未成年子女财产的场合,判断是否符合未成年子女利益时需充分重视父母的利他动因与亲子团结的身份伦理,避免导向完全的货币关系。对于仅涉及未成年子女财产利益的行为,父母尽到与处理自己事务等同的注意标准即可;当财产处分行为涉及未成年子女人身利益时,父母需尽到善良管理人的注意标准。基于父母子女关系的团体性,体现家庭利益的整体经济状况改善、生计维持或居住需求等要素与未成年子女利益紧密相关。父母以家庭利益为目的处分时,若是其与未成年子女共同共有的财产,需满足为维系基本日常生活需要的“适当性”要件;若是未成年子女的特有财产,则还需满足“紧迫性”要件。基于父母子女关系的利他性,在综合考量风险级别、回报率、整体收益的基础上,适度允许父母以增加未成年子女未来利益之目的对财产进行投资管理。父母投资的配置比例均衡,且整体处于正收益的,可推定符合未成年子女利益。

       

      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.

       

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