Protection of property rights of children in case of acquisition of residential premises at the expense of maternity capital

In: Gosudarstvo i pravo, Heft 8, S. 121

Abstract

The article discusses the problematic aspects of the realization of the child's right to housing, which was acquired at the expense of the maternity capital. The author examines the issues arising in practice in connection with the obligation of parents to conclude agreements on determining the shares in the right to housing, analyzes the main difficulties associated with its conclusion, determining its legal essence, presents the main approaches to determining the shares of the parties to the agreement. The author substantiates the need to allocate the housing status of a child, proves that its content is formed, among other things, by the norms of a special law on maternity capital, and suggests ways to protect the housing rights of a child in case of acquisition of housing by means of maternity capital