Job Recruitment Website - Immigration policy - If the child is given property, but the child is underage, does the guardian have the right to dispose of the property?

If the child is given property, but the child is underage, does the guardian have the right to dispose of the property?

Legal analysis: Generally speaking, there is no right. Generally speaking, only for the benefit of minors, guardians have the right to dispose of minors' property, otherwise, guardians may not dispose of the property of the ward. For the case of "for the benefit of the ward", our laws have not yet made corresponding provisions. According to judicial practice, the following situations can be considered as "seeking benefits for the ward": 1. Parents, as guardians, need to deal with minors' property for their education, such as paying tuition fees. 2. Parents as guardians deal with minors' real estate for their health needs, such as medical care. 3. If a person without or with limited capacity for civil conduct causes damage to others, he shall make compensation with his own property. "Parents who are guardians pay tort compensation for minors and need to deal with the property of minors. 4. When the minor's property is demolished according to law, the guardian's parents will sign a house demolition compensation agreement with the demolition department to deal with the minor's property without giving up the right to compensation for house demolition. 5. When parents as guardians need to sell old houses to improve their living conditions and buy new houses for minors, and the value of the new houses purchased is equal to or greater than the value of the old houses, the property of minors shall be disposed of.

Legal basis: Article 36 of the Civil Code of People's Republic of China (PRC)? If a guardian is under any of the following circumstances, the people's court shall, upon the application of the relevant individual or organization, revoke his guardianship qualification, arrange necessary temporary guardianship measures, and appoint a guardian according to the principle of being most beneficial to the ward:

(a) the implementation of serious damage to the physical and mental health of the ward;

(2) Failing to perform guardianship duties, or refusing to entrust part or all of guardianship duties to others, resulting in the ward being in a critical state;

(3) Other acts that seriously infringe upon the lawful rights and interests of the ward.

The relevant individuals and organizations mentioned in this article include: other persons with guardianship qualifications according to law, residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, organizations for the protection of minors, organizations for the elderly established according to law and civil affairs departments.

If an individual or organization other than the civil affairs department specified in the preceding paragraph fails to apply to the people's court for revocation of the guardian qualification in time, the civil affairs department shall apply to the people's court.