WHAT IS A CASE FOR THE PROTECTION OF A CHILD'S ASSETS
WHAT IS A LAWSUIT FOR THE PROTECTION OF A CHILD'S ASSETS
In this article, we will endeavor to explain what a Lawsuit for the Protection of a Child's Assets is, its requirements, and what constitutes a child's assets under separate headings for our valued readers.
According to Article 4, paragraph 1 of the Regulation on the Implementation of Custody, Guardianship, and Inheritance Provisions, in the event of the death of a parent or the termination of a marriage, the situation must be immediately reported to the Family Court of the place of residence of the surviving spouse or the spouse granted custody; if there is no Family Court in that jurisdiction, it must be reported to the court designated by the Council of Judges and Prosecutors (HSK).
The subject of a child's assets is regulated in detail in Articles 352 through 363 of the Turkish Civil Code.
According to Article 353 of the Turkish Civil Code; the court grants the surviving spouse or the spouse to whom custody has been awarded a period of time to provide an inventory showing the child's assets, if any. Furthermore, the court requests that they report any significant changes that may occur in these assets or in the investments made.
WHAT ARE A CHILD'S ASSETS?
To give a few examples of a child's assets;
Inheritance transferred to the child,
Testamentary dispositions made in favor of the child,
Inter vivos donations made in favor of the child,
Compensation claims arising from an unlawful act directed at the child's personality,
Insurance proceeds,
Loss of support compensation,
Funds deposited in a bank in favor of the child,
Personal earnings obtained by the child as a result of their own work,
Child support payments requested on behalf of the child,
Acquisition transactions made by the legal representative on behalf of the child,
are considered as such.
The income from a child's assets must primarily be spent on the child's care, upbringing, and education. If the child's assets are not managed properly, the judge is obligated to take the necessary measures to protect the child's best interests.
The purpose of a lawsuit for the protection of a child's assets is to safeguard all transactions made in accordance with the goal of managing the child's assets, protecting the components included in the assets, and their maintenance and improvement.
The legal benefit sought in a lawsuit for the protection of a child's assets is to prevent the child's assets, which are the guarantee of their future, from being consumed due to mismanagement. It is intended to prevent the parent who has custody of the child from making wasteful expenditures from the child's assets.
The court authorized to hear a lawsuit for the protection of a child's assets is the Family Court. In places where there is no Family Court, Civil Courts of First Instance are authorized to act as Family Courts. A lawsuit for the protection of a child's assets must be filed at the Family Court/Civil Court of First Instance in the place of residence of the parent who has custody of the child.
Assets belonging to the child as a result of inheritance, donation, or their own efforts are managed by the child's legal guardian/custodian throughout the duration of the custody/guardianship. These individuals only have the right to use the child's assets. It is not possible for them to dispose of these assets in a way that would provide them with gain or cause harm to the child.
Everyone is granted the right to request the determination and protection of a child's assets if there are unfair dispositions or mismanagement of the child's assets. The judge is obligated to take the necessary measures to protect the child's assets, either ex officio or upon request.