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Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

author:Maternal and infant reference

For children, every New Year, the most anticipated link is the elderly to send "pressure money".

A "huge amount of money" fell from the sky, and this taste must be tried by everyone.

However, sometimes it is often easy to "be happy and sad", the children's heart and mind of the old money, may not be hot, will be "cut off" by the parents, the name of "custody", the term may be "forever".

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong
The pictures in this article are all derived from the network, and the pictures and texts are irrelevant

It is all the curse of "pressing the old money"

The 12-year-old nephew "harvested a lot" during this Spring Festival, receiving nearly 10,000 yuan in cash before and after.

According to him, this is the first time he has such a large amount of "huge money", usually at home parents strictly manage, do not let themselves have money in their hands, sometimes want to go out with friends to buy something is very difficult.

"This time I want to 'tighten' this hard-won money, which can be used in the future!"

The little nephew vowed the night before that he would protect his "small treasury", but the next day he cried and mourned, quarreled with his parents, and ran away from home.

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

Only after asking did I know that the brother and sister-in-law did not ask the little nephew's opinion, so they quietly went to the child's room to take the money away, and the next day the little nephew found out and questioned where his own money went, and the result was that the brother and sister-in-law said to the child: "You are still young, it is not safe to take too much money in your hands, and your parents help you take it!" ”

The little niece suddenly broke down and said loudly: "I am 12 years old, why don't you ask my opinion and take my money away..."

Upon hearing the child's words, the brother and sister-in-law also got angry, "What you eat and drink every day, what is not what I spent money to buy, what is wrong with your money, you can't even use the money, what do you do with it!" ”

This sentence completely angered the little nephew, but he really couldn't talk about his parents, and finally ran to his grandmother's house.

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

This Spring Festival, there should be many families with children may face this problem, do not know how to deal with the child's pressure money, may wish to see the opinions of experts.

Should the child's old age money be handed in?

In fact, on this point, the Civil Code has clearly given the answer, the following specific provisions, to correct several misconceptions of parents.

1. "Pressing money is the property of human relations, and parents should dispose of it instead of their children." ”

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

We all know that the original meaning of pressing the old money is: the elders pray or wish the younger generations peace and smoothness, is a symbol of auspiciousness, do not care about the amount, only indicates the elderly's love for the next generation.

However, with the development of the times, the pressure of old money does have some changes in taste, becoming a kind of "human debt", from the amount to the number, all aspects have to be taken into account, more in the heart is not a taste, less and afraid of falling into the truth.

It is this "change" that makes many parents mistakenly think that although the money is issued to children, in the final analysis, it is the "human exchange" in the adult social circle, so it should naturally be dominated by themselves instead of children.

As everyone knows, this kind of statement is reasonable and untenable.

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong
The Civil Code stipulates that the act of donation (the essence of giving money is "gift act") is a single contract, and after the child accepts it, the gift contract has been formed and entered into force.

That is to say, after the elders give the child the money, the money belongs to the child personally, is their personal property, and does not belong to the parents.

2, "You are still young, mom and dad should help you keep it." ”

This should be the "unified vocabulary" that parents all over the world love to use, through the name of the child who is still young, to save the child's pressure money, this statement is actually not completely correct.

In fact, the Civil Code also proposes a clear age division.

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong
  • 8 years old as the limit, children under the age of 8 are people without capacity for civil conduct, and the money can be kept by the parents;
  • Children over the age of 8 are "persons with limited capacity for civil conduct" and have the right to dispose of their own money.

Experts also suggest that parents can appropriately take out some money for the children to manage and use themselves.

3, "Your pressure money, mom and dad can also spend." ”

Many children should be deeply touched, after their pocket money is handed over to their parents, they are unconsciously gone, sometimes you can't help but question, and the result is that the parents say "I raised you to such a big age, what is wrong with spending some of your pressed old money", and I was dumbfounded.

So, is this practice really correct for parents?

In fact, according to Article 35 of the Civil Law, "guardians shall perform guardianship duties in accordance with the principle of the ward being the most beneficial." Guardians must not dispose of the wards' property except to safeguard the wards' interests. ”
Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

Through this provision, we can see that parents spend their children's money on the age limit, should be from the perspective of safeguarding the interests of the child, such as can be discussed with the child, the money can be kept to pay tuition and buy school stationery and the like, can not go against the interests of the child, in the case of non-negotiable private use, for personal consumption.

In summary, on the question of "should the child's old age money be handed over", we can draw the following points:

A: There is an age limit. Under the age of 8, they can be handed over to their parents for safekeeping, but over the age of 8, parents need to give up the "right to choose" in moderation, allowing the children to make the decision freely.

B: Purposeful restrictions. "Pay or not to pay" and "how to deal with this money", both need to be based on the child's wishes and interests as the premise, parents and children after consultation before making a decision, rather than making their own decisions.

The above points, many parents may be doing wrong...

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

Extended reading: How to dispose of children's old age money?

Some psychologists have proposed that at the right age, let children properly learn to manage their own pressure money, so that children can have a basic understanding of money, cultivate their financial quotient, this pressure money may become the child's "starting capital" when they grow up.

So, how to teach children to correctly dispose of their pocket money, which can contain a lot of philosophy, parents need to learn -

Focus: Cultivate children's awareness of money management

Should the child's old age money be handed in? The Civil Code gives a clear answer, and many parents do it wrong

It is recommended for children to divide the money into three parts:

One part is the discretionary part, discussing the monthly expenses with the child, and keeping the monthly expenses accounted for;

Part of the investment part, you can use the child's money to make some investment, although the amount is not much, but can cultivate its awareness of "raising big fish in the long run";

The last part can be deposited in the bank, so that children can develop a sense of saving money from an early age.

【Today's topic】How do your children's old age money be handled?

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