Representation of a Minor and Its Restrictions

Abstract

Representation of a minor is one of the elements of parental authority of parents over a child, together with custody of the child’s person and property. The subject of this article is the regulation of aspects of the representation of a minor in the Family and Guardianship Code and its limitations. Due to the principle of the child’s good, which has the character of a superior principle in Polish family law, the norms concerning the child’s representation should be created with particular care, as they directly affect the legal situation of a minor. A dogmatic method has been applied with the use of an analysis of case law and international norms contained in the European Convention on the Exercise of Children’s Rights. In conclusion, the authors also analyse and evaluate the planned amendment of the Family and Guardianship Code in comparison with the provisions in force. It is concluded that the regulations contained in the Family and Guardianship Code not only protect the interests of the child, but also meet the requirements of the European Convention on the Exercise of the rights of the child.