The Supreme Court expressed a position on a mortgage of real estate and housing rights of children

In the case of invalidation of the mortgage contract the Supreme Court pointed out that the provisions of the Family Code and special laws indicate the necessity of obligatory obtaining of the permission of the Care and Guardianship Service before entering into a contract on the property, the right of ownership of which belongs to the child. These rules are intended to protect the property rights of the minor.

Thus, the basis for the invalidation of the contract on the property, the right of of which belongs to the child, at the suit of his parents is not the absence of prior permission of the Care and Guardianship Service to conclude such a contract itself, but violation of minor’s property rights as a result of its conclusion.