Consent of Guardianship and Custodianship Authorities for Transactions Made by or on Behalf of a Minor
📝 1. General Analysis of the Norm
Article 24 of the Civil Code of the Republic of Kazakhstan (RK) provides that in certain cases established by legislative acts, transactions made by minors or on their behalf are subject to prior approval by the guardianship and custodianship authority. This provision is protective in nature and serves to safeguard the best interests of the child, especially in protecting them from the legal and economic consequences of hasty or obviously unfavorable transactions.
⚖️ 2. Legal Nature of Consent
Consent of the guardianship and custodianship authority may be:
- Preliminary — given before the conclusion of the transaction;
- Specific — issued for a strictly defined transaction;
- Individualized — specifying the parties, subject, and conditions of the transaction.
Formally, this consent is provided in written form, based on an application from the legal representative or the minor themselves (if they have legal capacity due to emancipation, marriage, etc.).
🧒 3. Parties to the Transaction
🔹 Minors under 14 years old (infants) — Transactions are carried out on their behalf by parents, adoptive parents, or guardians. In certain cases, the consent of the guardianship authority is required (e.g., for property disposal, waiver of inheritance).
🔹 Minors aged 14 to 18 years — Have the right to make transactions with the written consent of parents or custodians. In specific cases, additional consent from the guardianship authority is required, especially when property interests are affected.
📌 4. Legislative Acts Requiring Consent
Consent from the guardianship authority is required under:
▶ Civil Code of the RK:
- Art. 22 – Transactions by minors aged 14–18;
- Art. 23 – Transactions by minors under 14;
- Art. 26 – Transactions by legally incapable persons;
- Art. 219 – Disposal of property belonging to a minor.
▶ Code on Marriage (Matrimony) and Family of the RK:
- Arts. 132, 133, 135 – Related to guardianship, custody, management of ward's property;
- Art. 138 – Actions of the guardian (e.g., sale, exchange of ward's property) require permission from the guardianship authority.
▶ Law of the RK “On the Rights of the Child”:
- Establishes the principle of the best interests of the child, including protection of property rights (Arts. 9, 19, 21).
🌍 5. International Standards
✅ UN Convention on the Rights of the Child (1989):
- Art. 3 – In all actions concerning children, the best interests of the child shall be a primary consideration;
- Arts. 5 & 18 – States must ensure the involvement of parents, guardians, and public authorities in the protection of children's rights, including property matters.
✅ Hague Convention of 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children:
- Provides that transactions involving children's property must be subject to supervision by competent authorities.
🧾 6. Examples from Kazakh Judicial Practice
🔷 Example 1: Appellate ruling of the Almaty City Court (civil case No. 2-497/2021):Parents sold an apartment partially owned by their minor son. The transaction was declared invalid due to the lack of consent from the guardianship authority.Court's conclusion: The child's interests were violated due to the loss of property rights without sufficient legal protection.
🔷 Example 2: Decision of the Karaganda Court (case No. 2-1378/2022):A custodian waived inheritance on behalf of a 15-year-old ward without the consent of the guardianship authority.The transaction was declared void. The court emphasized that waiving inheritance may have negative consequences and therefore requires mandatory consent from the competent authority.
📚 7. Types of Transactions Requiring Guardianship Consent
| Transaction Type | Consent Required |
|---|---|
| Disposal of real estate | ✅ Yes |
| Donation of ward’s property | ✅ Yes |
| Taking out a loan or credit | ✅ Yes |
| Waiver of inheritance | ✅ Yes |
| Leasing out property | Depends on case |
| Receiving remuneration (e.g., creative fees) | ❌ No (if reasonable) |
⚠️ 8. Consequences of Violation
If a transaction is concluded without the required consent:
- It may be declared null and void or contestable;
- Restitution may apply (return to the pre-transaction status);
- Prosecutors, guardianship authorities, or interested parties may initiate court proceedings to protect the child's interests.
🏛️ 9. Role of the Guardianship and Custodianship Authority
The guardianship authority must:
- Examine the transaction’s conditions;
- Analyze the consequences for the child;
- Deny consent if the transaction is not in the child’s best interest;
- Issue written consent based on an application accompanied by documents (contract, property appraisal, supporting certificates, etc.).
🧩 10. Related Legal Norms
| Legal Norm | Description |
|---|---|
| Civil Code RK, Arts. 22–23 | Legal capacity of minors |
| Civil Code RK, Art. 159 | Invalidity of transactions |
| Marriage & Family Code, Arts. 132–138 | Guardianship and custody |
| Law on the Rights of the Child, Arts. 9, 21 | Property rights of minors |
| UN Convention on the Rights of the Child, Art. 3 | Best interests of the child |
✅ 11. Conclusion
Article 24 of the Civil Code of the Republic of Kazakhstan serves to protect the property rights and interests of minors by ensuring state control over significant transactions. Its implementation requires proper coordination between parents (or custodians), guardianship authorities, and judicial bodies. The application of this article must strictly adhere to the principle of the best interests of the child, both in national and international legal contexts.
Attention!
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