Permission from the court to withdraw amounts per child
Permission from the court to withdraw amounts per child
Example: Upon application to the court by M.DD.D. and P.V.R. , in their capacity as parents and legal representatives of a minor child S.R.R. , with which they ask for permission to withdraw a child's deposit from a bank account at "Eurobank Bulgaria" AD branch the amount of BGN 2,730.00, as well as the entire amount and accrued interest of a child's deposit from bank account No. ***** at "DSK Bank" EAD. They claim that the amounts are needed to buy a home for the child. They present evidence.
According to the court, it is permissible to allow the withdrawal of children's deposits, if this is in the interest of the child, if the money withdrawn from the child's deposits will be invested in the acquisition of property for him, which is of obvious benefit to the minor R.R.R. After the social report appointed by the court is clear that the housing need is proven and allowed the parents to withdraw the requested amount.
According to the provision of Art. 130, para. 3 of the SC disposal of movable property, /incl. and children's deposit/ through a formal transaction that belong to a child is allowed with the permission of the District Court at its current address, if the order does not conflict with the interests of the child.
Donations, relinquishment of rights, lending and securing of other's obligations by a minor are null and void. Exceptionally, securing other's obligations through a pledge or mortgage can be carried out in case of need or obvious benefit for the child or in case of extraordinary needs of the family.
Upon marriage, the minor becomes legally competent, but can dispose of immovable property only with the permission of the district judge of the minor's permanent address.
The procedure begins with the submission of an application to the court, with attached evidence. In the initiated private civil case, if necessary, instructions are given by the assigned judge on duty to submit additional instructions. If the application is rejected, the applicant is given the opportunity to appeal to a higher instance/ District Court/.
Necessary documents
If the child is a minor, the application is signed by the parents, resp. by the parent exercising parental rights.
If the child is a minor, the application is signed by him personally. The parents, respectively the parent exercising parental rights must give their consent.
The application must state:
the amount of the amount for which authorization is requested;
the bank and IBAN of the account from which the funds will be withdrawn. If it is desired to withdraw the entire balance of the bank account and close it, this must be requested explicitly;
for what purposes the money from the child's account will be used.
It is essential to correctly justify the need and the obvious benefit for the child. This is where the petitioners most often make mistakes and this leads to the rejection of their application by the court.
The following must be attached to the application:
proof of the child's current address (e.g. address card from the municipality);
birth certificate of the child;
a court decision granting the parent the exercise of parental rights - in case the parents are divorced;
a copy of a death certificate and a certificate for heirs - in case a request is made to dispose of money in a bank account that the child received by inheritance;
deposit book, resp. a contract for a deposit or a certificate from the bank for the number of a bank account and the balance on it;
a statement from the bank account certifying the transactions carried out on it;
model declaration for the property owned by the child;
payment order for paid state tax;
power of attorney.
Depending on the specific case, additional documents are also applied.
In case you need legal advice or assistance in connection with obtaining a permit from the regional court, contact us on phone: 0895645940 or by e-mail: iulia.danova@abv.bg
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg