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未成年人财产抵押担保有效性
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用未成年子女名下房产作贷款抵押担保是否有效?
Ren Min Wang· 2025-07-15 00:40
Core Viewpoint - The court ruled that using a minor's property as collateral for a loan by their parents is invalid, protecting the minor's legal rights [1][2][3]. Group 1: Case Details - In March 2023, an individual named Jin borrowed 1.2 million yuan from a bank, with his friend Zhang using his minor son's property as collateral [1]. - The first-instance court found that the collateral agreement was invalid because the minor was under eight years old and the action did not serve the minor's interests [1]. - The court rejected the bank's claim for priority compensation from the minor's property [1]. Group 2: Legal Principles - According to Article 35 of the Civil Code, guardians must act in the best interests of the ward and cannot dispose of the ward's property for purposes other than their benefit [3]. - The court emphasized the importance of scrutinizing the purpose and legality of transactions involving minors' property to prevent disputes [3].