Special Agent

Article 1086 of the Civil Code stipulates: "Parents are the statutory agents of their minor children. Where the parents have a conflict of interest with their minor children and therefore cannot be the statutory agents to the children under the law, the court can appoint a special agent in its ex officio capacity or based upon the petition of parents, minor children, competent authority, social welfare institution, or other parties in interest." A common scenario in practice relates to the partition of a succession, where the surviving spouse and minor children of the deceased need to enter into an estate partition agreement. Under such circumstances, a petition shall be filed with the court in accordance with Article 1086 of the Civil Code for the appointment a special agent for the minor children and for the special agent to negotiate and enter into the estate partition agreement on behalf of the minor children.