Summary

The cornerstone of private law is private autonomy – the freedom to decide whether and how to participate in civil transactions and, consequently, to be responsible for the consequences of one’s actions. However, this cannot apply to all persons in absolute terms, since those who may not understand the meaning of their intentions, and who are presumed by the legislator to be incapable of exercising the necessary degree of control over their actions, need protection because of their age and mental state.

Parental custody includes both personal care of the child and custody of property. Since regaining independence, people’s overall wealth has increased, and compared to 30 years ago, they own significantly more real estate, securities, and other valuable assets. This type of development will also gradually lead to an increase in the inheritance of property by minors: inheritance from grandparents directly to grandchildren has always occurred in the past, but the increase in the wealth of the older generation also means an increase in the inheritance of property by minors. In turn, the increase in the amount of property belonging to the child affects the content and meaning of parental custody: the circle of duties of the parents increases, and in the management of the child’s property, the parents may need more special knowledge.

However, parental custody does not mean that the parent ‘rules’ over the child. Restrictions on the exercise of rights of custody may relate both to the measures that parents may use to exercise custody of property and to the age of the child. What kind of transactions can a minor carry out on their own, how the age of the child affects the validity of the transactions, and whether the solution chosen by the legislator is in the best interests of the minor? The article is seeking answers to those questions.