MINORS AS SUBJECTS OF LAW: COMPARISON OF THE LEGAL REGULATION IN GERMANY AND UKRAINE

Abstract

This article deals with the legal regulation of minors in Germany and Ukraine. Minors do not have enough intellectual ability to predict legal conse- quences of their acts. That is why they need a special protection. The study primarily focuses on minors as a subject of law in Civil and Family Law. The aim of the article is to study and compare legal regulation for minors under both German and Ukrainian law. First of all, the notion of minors is analysed. It is assumed that the term minor is not clear. It has different meanings in both German and Ukrain- ian national law. International legislation does not clear the issue. Second, the legal regulation of minors is studied. The issue of age limits in the national Civil Law of Germany as well as Ukraine are examined and compared. It is suggested that the age limits are closely connected to the legal capacity of the natural persons. The comparative analysis of legal regulation of minors in Civil Law of both countries shows that the provisions of German Civil Law concerning the legal capacity of minors differ sufficiently from Ukrainian ones. For example, in Germany children under seven years old do not have legal capacity, while minors at the age from seven to eighteen years old have limited legal capacity. Whereas in Ukraine, minors under fourteen years old have partial legal capacity, while minors between fourteen and eighteen years old have incomplete legal capacity. Last but not least, the minors’ rights and their scope from the point of view of a family and the state are explored. The comparison shows that the legal regulation of minors’ rights as well as an attitude to the minors in society in Germany differs from Ukraine. Finally, it is proposed to amend the Family Code of Ukraine in respect of minors’ rights. It is wise to consider an opinion of minors in family issues.