Spring Festival every year
Kids will receive it
The money given by the elders
After collecting the old money
Mom and Dad often say this:
however
Most of the time
The old money is saved
I don't know where to go
There is a father
Because of unauthorized appropriation
The child's pressure money
Sued by his own son...
Case Review
In August 2013, Xiao Su's parents divorced through court mediation, and Xiao Su lived with her father Su. From February 2014 to March 2015, Su deposited Xiao Su's 3,000 yuan into the bank three times.
In December 2015, Xiao Su moved to her mother Huang to live so far, and applied to change Xiao Su's custody in the same month, and in April 2016, the Baiyun Court ruled to change Xiao Su's custody by her mother Huang. However, in March 2016, Su took out Xiao Su's money and interest of 3,045 yuan deposited in the bank without Xiao Su's consent.
Xiao Su believed that Su's act of refusing to return the money he had privately withdrawn was infringing on his legitimate rights and interests, so he sued the court to request the return of the principal and interest of the deposit.
Defendant Su argued that the plaintiff's money was deposited in the bank as the plaintiff's guardian, was generated in the defendant's circle of relatives and friends, had no relationship with the plaintiff's mother, and had agreed with the plaintiff to return the principal and interest of the deposit after the plaintiff became an adult. The plaintiff's mother took advantage of the plaintiff's lack of understanding of black and white to try to instigate the plaintiff to demand back the money.
Court hearings
The court held that although the bank deposits under the plaintiff Xiao Su's name were deposited by the defendant Su, Xiao Su still had ownership of the deposit, and Su had no right to dispose of the deposits under Xiao Su's name without authorization. Su took out the deposit under Xiao Su's name, infringing On Xiao Su's rights, and Xiao Su claimed that Su's request to return the deposit and interest was reasonable and legal, and the court upheld it. Therefore, the defendant Su was ordered to return xiao Su's principal and interest totaling 3,045 yuan.
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The question arises: Who does the money belong to?
Children press the age of money parents can not spend casually! Children over 8 years old can keep it on their own.
Giving children money is legally an act of donation and should belong to the recipient. In addition, minors over the age of 8 can independently carry out civil juristic acts for pure benefit.
Accepting the elders' money is a civil juristic act of pure benefit, and minors can accept it independently; the elders have the right to decide whether to give or not to give the money, and before giving the money out, it belongs to the elders themselves; after taking out the money and handing it over to the other party, the money is someone else's, and this "other" is the recipient.
Minors of different ages are subject to different restrictions and can only engage in corresponding civil juristic acts. That is to say, although the money belongs to the child, the child cannot consume or dispose of it at will.
Because the minor lacks social experience and is mentally immature, he or she can only engage in acts appropriate to his or her age, otherwise it will not have legal effect. If it is a minor under the age of 8, it shall be at the disposal of its parents; if it is a minor who has reached the age of 8, it can only carry out civil juristic acts corresponding to its age and intelligence; if it is necessary to purchase large supplies or large-scale reward anchors, these need to be approved or retroactively recognized by their parents.
The money is owned by the minor himself, and he (she) can entrust the custody of his or her parents, and the parents cannot take it for themselves or simply consume it for themselves. Of course, if parents want to use the money to buy school supplies, daily necessities, etc. for minors for their own use, they are not prohibited by law.
Article 1188 of the Civil Code stipulates that if a person without capacity for civil conduct or a person with limited capacity for civil conduct who has property causes damage to others, he shall pay compensation from his own property; That is to say, if the minor constitutes infringement against others, such as injuring others, breaking other people's front teeth, destroying other people's toys, etc., it should be paid preferentially from the minor's own old age money, and the rest will be compensated by the parents.
Civil Code of the People's Republic of China
Article 35, paragraph 1: Guardians shall perform guardianship duties in accordance with the principle of the ward being most beneficial. Guardians must not dispose of the wards' property except to safeguard the wards' interests.
Article 240:The owner shall enjoy the right to possess, use, benefit from and dispose of his own real or movable property in accordance with law.
Article 657:A gift contract is a contract in which the donor gives his or her property to the donee free of charge, and the donee indicates acceptance of the gift.
Source: Guangzhou Law Popularization, Guangdong Law Popularization, People's Court Daily, Guangzhou Baiyun District People's Court
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