Father's and mother's usufruct on minor children

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Bol Parents have a legal right of enjoyment over the property of their minor children. This right, which is a usufruct, belongs to the parents in their capacity as legal administrators of their children's property. This means that parents receive the income from their minor child's assets, and are responsible for his or her upkeep and education. The father or mother, who has a legal right of jouissance, has the rights and powers of the usufructuary to manage the minor's property. He or she can therefore benefit directly from all rents, farm rents and profits from a business or company.This is why the legal administrator who opens a bank account in the minor's name and manages the account, can withdraw the funds deposited there alone and benefit from the interest on the capital and premiums. This freedom of management is such that it has been ruled that a bank has no obligation to inquire about the destination of funds withdrawn by the legal administrator from the minor's account.

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Beschrijving (1)

Parents have a legal right of enjoyment over the property of their minor children. This right, which is a usufruct, belongs to the parents in their capacity as legal administrators of their children's property. This means that parents receive the income from their minor child's assets, and are responsible for his or her upkeep and education. The father or mother, who has a legal right of jouissance, has the rights and powers of the usufructuary to manage the minor's property. He or she can therefore benefit directly from all rents, farm rents and profits from a business or company.This is why the legal administrator who opens a bank account in the minor's name and manages the account, can withdraw the funds deposited there alone and benefit from the interest on the capital and premiums. This freedom of management is such that it has been ruled that a bank has no obligation to inquire about the destination of funds withdrawn by the legal administrator from the minor's account.


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