Transactions with property owned by a minor or terminally disabled people 

The law allows for the disposal of real estate property owned by minors or persons under guardianship, but only under strict legal conditions:

1. Any act of disposal involving property belonging to a child or a person under guardianship must be authorized by the district court at their current address.

2. The transaction must be in the best interest of the child or the person under guardianship. This is determined specifically by the district court, which issues the required authorization.

3. The transaction must not fall under explicitly prohibited types, such as donations, waivers of rights, granting of loans, or securing third-party obligations on behalf of the child or the person under guardianship. Otherwise, the transaction is considered null and void.

   An exception exists when securing another person’s obligations (for example, by a mortgage) is done out of necessity or clear benefit to the child, or due to urgent family needs. In such cases, the law still prioritizes the protection of the child’s or ward’s interests, as the family’s inability to meet essential needs could negatively affect them.
   Even in these exceptional situations, authorization from the district court is still mandatory.

It is important to note that even if court authorization is granted, if the transaction falls within the scope of prohibited acts, such authorization does not validate it, and the transaction remains legally void.

For consultation and assistance in obtaining district court authorization for the sale or disposal of property belonging to a child or a person under guardianship, please contact the Proverka na Imoti team using the contact details provided.