Minderjarigen en (de zorg voor hun) vermogen

The subject minors and (the care for) their assets deserves attention. In seven distinct papers (referred to herein as: chapters) diverse aspects of this topic are discussed from different perspectives. The first chapter seeks in an experimental way to identify factors that may justify restrictions to the minors legal capacity and the parental administration of the minor’s property. The second chapter deals with the question how much freedom a minor has as an independent individual to shape his/her legal relationships with his/her statutory representative and third parties. The crucial question of the third chapter is how the provision of parental usufruct can be justified. The fourth chapter deals with testamentary fiduciary administration. Examined is what the relation is between the provisions in Book 1 on the one hand and the provisions in Book 4 on the other and how two different kinds of administration should be applied in practice. The fifth chapter concerns the lump sum in terms of art. 4:35 BW. This provision entitles the bequeather’s child aged 20 or younger to a lump sum if, and to the extent that, the funds are required for the bringing-up maintenance and education of the child. Different issues are addressed. The sixth chapter deals with the application of periods of prescription to minors. The seventh and last chapter concerns empirical research into supervision over the administration of certain assets acquired by the minor under the law of succession.