Congratulation, red envelopes!Who is in charge of your children’s lucky money?

2022-05-27 0 By

Lucky money runs through every Spring Festival in China.Every Spring Festival, in order to distribute New Year’s money, adults empty their wallets and children laugh.Unfortunately, when children receive New Year’s money, they usually hear a very familiar phrase: “Mom and dad save it for you.”As time went by, some children wondered, “It is clearly my New Year’s money, why should I give it to my parents?” and “How can I not see the New Year’s money when I save it?”Discussion on the fate of the New Year’s Money has been a hot topic during the Spring Festival holiday, “who is the child’s New Year’s money”, “whether parents can spend their children’s New Year’s money”, “children’s New Year’s money should be handed in” and other entries frequently appeared on the hot search.In real life, it is not uncommon for parents to be accused to court for their children’s New Year’s money without authorization. The reporter combed through the Chinese judgment documents network and found that jiangsu, Heilongjiang, Liaoning, Qingdao and other places have happened.In 2019, a father in Guangzhou sued his 10-year-old son over lucky money.Seven-year-old Sue’s parents divorced through court mediation, and Sue lived with her father su.Between February 2014 and March 2015, Su deposited 3,000 yuan of lucky money into Su’s bank account on three occasions.In December 2015, Xiao Su moved to live with his mother Huang, and in the same month applied for changing xiao Su’s custody. In April 2016, Baiyun Court decided to change Xiao Su to be raised by his mother Huang.But in March 2016, su, without Su’s consent, will be deposited in the bank lucky money and interest of 3,045 yuan out.The court thinks after hearing, although the bank deposit under the name of small Sue is su mou is deposited for it, but small Sue still enjoys ownership right to this deposit, su mou has no right to dispose of the bank deposit under the name of small Sue without authorization.Su will xiaosu deposit out, violated the rights of Xiaosu, Xiaosu claims that The return of the deposit and interest of the request is lawful and reasonable, the court supports.So the judgment of the father su to return small su principal and interest a total of 3045 yuan.Xiao Juan, a yunnan female university student, was raised by her mother after her parents agreed to divorce in November 2010 due to emotional discord.After the divorce both sides and because of the small Juan’s upbringing and marriage property division and other issues to the court, resulting in the contradiction between the two sides and estrangement deepened.Later, small Juan took an examination of kunming some university, but because of contradiction and estrangement its parents are too deep, both sides do not want to take the initiative to assume the charge that small Juan goes to the university, small Juan made worry for tuition, living expenses.Helpless in, the grandma of small Juan comes forward to think method gather together enough the tuition of the first academic year, small Juan just can enter university smoothly report for duty.After xiaojuan in her grandmother’s support, she can ask her parents to return the money to pay college tuition on the grounds of a lawsuit to the Anning City court.After the mediation of the judge, xiao Juan’s parents finally agreed to pay her tuition and living expenses of 1,500 yuan every month until she graduated from university.Because of the identification and attribution of New Year’s money disputes are too numerous to enumerate, then the question comes, who should this New Year’s money?Is it reasonable for parents to take away children’s lucky money?Who should the lucky money belong to?According to Lian Dayou, director of Beijing Jingben Law Firm, “Many parents think the gift money is a kind of favor, but according to the relevant provisions of the Civil Code, the gift money is actually a gift from the legal level and should be owned by the recipient (minors).”Civil code 657 had a regulation to donative contract, donative person gives his property free namely recipient, recipient expresses the meaning that accepts donative expression.Article 658 (1) of the Civil Code provides that the donor may revoke the gift prior to the transfer of rights to the gift property.Article 19 of the Civil Code stipulates that minors above the age of 8 can independently carry out civil legal acts of pure benefit.Therefore, to accept the elders’ New Year’s money for minors is a pure benefit of civil legal behavior, minors can independently accept;Elders have the right to decide whether to give minors New Year’s money. Before elders give minors New Year’s money, the ownership of New Year’s money still belongs to the elders themselves.After the elders give the New Year’s money to minors, the ownership of the money belongs to minors, minors have become recipients.In addition to the New Year’s money for minors other gifts (chattel) gift is also delivered to complete the gift.At the same time, according to the provisions of the Law on the Protection of Minors, parents (guardians) should properly manage and protect the property of minors, and may not illegally dispose of, misappropriate the property of minors, or use minors to seek improper benefits.New Year’s money belongs to minors themselves, minors can entrust their parents (guardians) custody, parents (guardians) can not be their own, can not simply for their own consumption.Of course, if parents (guardian) want to use New Year’s money for minors to buy their own use of school supplies, articles for daily use, registration interest classes and so on, is not prohibited by law.At the same time, the Civil Code also stipulates that minors under the age of 8 are persons without capacity for civil conduct, and their legal representatives shall perform civil legal acts on behalf of them;Minors over the age of 8 shall be persons with limited capacity for civil conduct and may independently engage in civil juristic acts appropriate to their age and intelligence.That is, minors of different age groups are subject to different restrictions and can only engage in corresponding civil legal acts.Because minors lack social experience and mental maturity, they can only engage in behaviors appropriate to their age, otherwise they are not legally valid.According to the law of physical and mental development and growth characteristics of different ages, the law of our country makes provisions on the capacity of people without civil capacity and people with limited civil capacity.That is to say, although the New Year’s money belongs to minors, but minors can not be free to consume or dominate: if it is less than 8 years old minors, New Year’s money should be dominated by their parents;If it is a minor who has reached the age of 8 years old, minors can only carry out civil legal acts corresponding to their age and intelligence, and can not buy large items or large reward anchors, etc., which need to be approved or ratified by their parents.Need special remind is, in recent years, a lot of minors to use minors account (parent or guardian) large exceptional network anchor or (and) to buy the gear case, although the legal terms, this behaviour is invalid, but from the perspective of proof is difficult to proof of the reward or buy a game equipment is the behavior of minors act.Therefore, the majority of parents (or guardians) should actively guide minors away from online games and live network broadcast, healthy and happy Spring Festival and winter vacation.In addition, article 1188 of the Civil Code also stipulates that if a person without civil capacity or a person with limited civil capacity causes damage to others, compensation shall be paid from his property;Any deficiency shall be compensated by the guardian.That is to say, if minors constitute infringement on others, such as injuring others, destroying others’ property, etc., should never adults themselves in the New Year’s money priority payment, the rest of the compensation by their parents.How should lucky money be managed?Managing children’s lucky money is a private matter for the family, but it should be handled with “legal thinking”.In law, lucky money is a “gift” received by the child and is the child’s property.However, the New Year’s money to children, but afraid of children spend money, in the end how to do?Some education experts give the following suggestions: 1. Savings to the bank for children to open exclusive bank accounts, children’s New Year’s money are deposited in the bank, a little makes a mica mica, to cultivate children’s savings concept.2. Self-interest spending Will be used as the New Year’s money for their own interests and hobbies, the money will be the growth of children, interests, dreams, but also exercise children’s self-control and responsibility.3. To cultivate loving New Year’s money is the love and blessing of the elders to the younger generation.Guide children to buy gifts for their elders and friends with New Year’s money, and even make charitable donations to cultivate children’s love from an early age.During the Spring Festival when “lucky money” runs rampant, we really have no right and no power to interfere in how each family manages children’s lucky money.Use this as a starting point for children to have a concept of money from an early age and understand why each sum of money is spent.What’s the point of saving?Let them really understand that money is hard won, need to make good use of and management, in order to help young people button the “first button” of life, solid ideological basis, value basis.New Year’s money is not only a custom, but also a blessing. No matter whether the money is kept by parents or children themselves, we must not forget that behind the money is actually full of love for children.Source | Rule of Law Daily