The right of minors in the process of inheritance proceedings

Abstract

A minor, who can be one of the most vulnerable subjects from a psychological as well as a legal point of view, has all the rights that an adult has in the process of receiving an inheritance. Inheritance, which is directly related to the right to property, It is one of the most important rights, the protection of which is guaranteed by the Constitution of Georgia and international conventions. Despite the protection of the said right by the constitution and international conventions, Due to the immature age of the minor and the scope of limited use of capacity, it is difficult to say about the absolute guarantees of his protection. Parents who represent the minor in relations with third parties, as well as make decisions on their behalf in the process of exercising any right, The extent to which their unrestricted control of this power is relevant raises many questions. There are specific levers, the legislator tries not to give the parent full responsibility, the ability to make an absolute decision, and accordingly, In recent years, the amended and refined legislation adapted to children's rights has shown us all this more clearly. After the implementation of the Code of Children's Rights, from September 1, 2020, special attention was paid to the protection of the best interests of minors and a number of legislative changes were implemented,that the issues related to their rights should be spelled out more transparently, in detail. Minors require special protection and attention, because their legal protection is the most important prerequisite for the development of the state and society. The first article of the "Convention on the Rights of the Child" establishes that every person is considered a child until he reaches the age of 18. It is interesting what happens from a legal point of view before a person reaches the age of majority, what procedures need to be passed to establish a legal result. How big is the scope of the minor's participation in the legal proceedings, how much is the child's position and desire taken into account regardless of his age. These issues will be discussed in this work. The participation of a minor in the process of inheritance proceedings, the range of his rights, his compliance with modern legal changes and the "Convention on the Rights of the Child" and other international approaches. It is interesting to determine the will and desire of the Georgian legislator in the process of implementing the right of a minor, especially such an important right as the right of inheritance and property. In inheritance proceedings, when a minor is represented by his parent, the shortcomings and problems faced by the parties will be discussed, ways to solve the problem will be discussed and appropriate recommendations will be made. in order to protect the minor's right to inheritance as much as possible and to make full use of it in the future.