حماية أموال الطفل في ظل نظام تعارض المصالح بين الولي والقاصر

الملخص EN

Article 90 of the Algerian family code granted special protection to the child's property through the appointment of a special administrator to prevent conflict of interests between the guardian and the child under his guardianship Where the guardian was prevented from any alienation for himself in the child's property, and in this case a special administrator is appointed, and he is judicially charged with taking determined action on behalf of the minor due to the existence of a conflict of interest between the minor and his legal representative.

although the Algerian legislator did not specify the forms of conflict of interest between the guardian and the child, leaving the issue of its assessment to the judge, it is possible to identify the most important forms within the compensation contracts in the form of the guardian's contract with himself or the donations in which the child is a donor and the guardian is a benefactor to him, without neglecting other special forms.

the guardian's action in the event of a conflict of interest remains valid if the guardian obtains prior permission from the judicial authority, or if this contract was authorized by the guardian if he reaches the majority age and becomes with full capacity.