Selling Property or Refusing an Inheritance on Behalf of a Child: When Does the Court Decide on a Minor's Assets?

What counts as a substantial property transaction (§ 28 of the Slovak Civil Code)?

The category of transactions exceeding the scope of ordinary management includes, in particular:

• dealing with real estate owned by the child (transfer, encumbrance with a pledge or an easement),
• acquisition of real estate by a minor (especially by gift),
• dealing with selected movable assets (e.g. transfer of a vehicle),
• refusing an inheritance or accepting an inheritance burdened with debts,
• concluding an inheritance agreement or invoking the invalidity of a will on behalf of a minor,
• decisions on investing funds, dealing with savings or long-term leasing of assets,
• selling shares or securities, or trading in cryptocurrencies.

Mandatory court approval (§ 28 of the Slovak Civil Code)

The court's approval function is a form of preventive control and acts as a guarantee that the transaction is in the best interests of the child.

How does the approval process work?

1. Agreement of the parents / resolution of a disagreement: The parents must first reach a consensus. If they cannot resolve a disagreement, the court will, on application under § 35 of the Slovak Family Act, decide the disagreement and substitute the consent of one of the parents.
2. Assessment of a conflict of interest: If a conflict of interest is likely, the court appoints a conflict-of-interest guardian.
3. Approval on the merits under § 28 of the Slovak Civil Code: The court approves the legal act only after it has been validly carried out (the act is concluded but not yet effective). The legal act becomes effective once the court's judgment becomes final. Without approval, the act is treated as if it had never been made.

When to use an interim measure and when an ordinary application?

• Interim measure: Filed in cases where waiting for an ordinary decision would risk irreparable harm or endanger the best interests of the child. The main risks are:
  • expiry of the 1-month period for refusing an inheritance (§ 464 of the Slovak Civil Code),
  • limitation of a claim or extinction of a right,
  • loss of a favourable offer for the transfer of assets,
  • unjustified blocking of the transaction by one of the parents (e.g. acceptance of a debt-free gift),
  • a real danger of the assets deteriorating (loss of investment value, damage to the property),
  • the emergence of legal uncertainty with long-term consequences.
• Ordinary application on the merits: Used in all other cases. The court takes full evidence and verifies that the transaction is consistent with the child's interests.

Appointment of a special (conflict-of-interest) guardian

No parent may represent their child in transactions involving a conflict of interest between the parent and the child, or between several children of the same parents (§ 31(2) of the Slovak Family Act).

The mandate of the conflict-of-interest guardian is strictly limited in time and purpose to the specific transaction (e.g. signing a purchase or pledge agreement) and automatically ends the moment the assigned task is completed.

Are you planning a property transaction on behalf of your minor child?

Selling real estate, refusing an inheritance or investing a child's savings requires the correct legal procedure and court approval. We will prepare the court application for you and represent you in the proceedings.

Arrange a no-obligation consultation.