The position of the SCU(Supreme Cort of Ukraine): mortgage of property, the right which the child has

The agreement regarding the property on which the child is entitled, may be deemed invalid because of a violation of property rights of the child at the conclusion of the contract. Preliminary permission of body of guardianship at the conclusion of the contract fades into the background.
 
To such conclusion came the Supreme Court of Ukraine at the meeting of the Judicial Chamber on civil cases, on January 20, 2016, having considered case No. 6-2940 CA 15, the subject of which was the dispute on invalidation of the mortgage agreement.
 
As explained in the SCU, the norm of article 177 of the family code of Ukraine, article 16 of the law of Ukraine "On protection of childhood" and article 12 of the Law of Ukraine "On fundamentals of social protection of homeless persons and homeless children", which stipulates the necessity of obtaining prior permission of body of guardianship at the conclusion of the contract by parents concerning the property, the right which has a child, is aimed at protecting the property rights of children. And therefore grounds for invalidation of the contract concerning the property, the right which the child has, at the suit of his parents is not by itself the absence of preliminary permission of body of guardianship at the conclusion of such contract, and violation, as a result of its conclusion, of the property rights of the child.