Because of the pressure on the old money, female college students sued their parents in court?! 15-year-old Wang Mao received a lot of pressure money in the New Year, calculated down to more than 80,000 yuan, but the pressure money has not yet been hot in his pocket, it has been

Because of the pressure on the old money, female college students sued their parents in court?!

15-year-old Wang Mao received a lot of pressure money in the New Year, calculated to be more than 80,000 yuan, but the pressure money has not yet been hot in his pocket, he was forcibly taken away by his parents, saying that he wanted to save it in the card for him.

Wang Mao was very unhappy in his heart, before he was young, he did not need to spend money and would not keep it, his parents took away "excusable feelings", but now that he has grown up, the money has been firmly controlled by his parents.

But Wang Mao's classmates are not like this, their parents will give them the money for their own safekeeping, even if they do not hold it themselves, their parents will help them deposit it in the bank, and they can withdraw it out for reasonable consumption.

Wang Mao plucked up enough courage to make his own demands to his parents, hoping to suppress the old money to make his own decisions. But the father's eyes widened and said, "Although it is you who receives the red packet, it is I who can pay for it, so of course this red packet belongs to the parents." ”

Is it true that as Wang Mao's father said, the red envelope belongs to the parents?

Law Point 1: Who does the ownership of the money belong to?

Belonging to children.

Although there is no statement in the law that the money is pressed, the civil law characterizes the act of giving the money to the elderly as a gift, and the Contract Law stipulates that the donation contract is that the donor gives his property to the recipient free of charge, and the recipient indicates that he accepts the contract of the donation, so the elder gives the younger generation money, which belongs to the donation contract relationship of the junior who has pure benefits.

Once the child accepts the money, the gift contract relationship is established. Although parents give each other money, this is two parallel gifts and cannot be merged, so the money is the child's personal property.

Although Wang Mao did not understand the provisions of the law, he hoped that he would have the right to dispose of the old money. One day, taking advantage of his parents' absence, he stole the bank card that held the money and tried to use his birthday as a password on the ATM machine, and he could withdraw the money.

During that time, Wang Mao was obsessed with online games, used more than 10,000 yuan to buy game equipment, and because of playing online games, his performance dropped sharply, and he was discovered by his parents and recovered his bank card.

Law Point 2: Wang Mao uses his own money to buy game equipment, does his parents have the right to interfere?

The right to interfere.

According to the General Provisions of the Civil Law, minors over the age of 8 and under the age of 18 may independently carry out civil juristic acts that are purely beneficial or civil juristic acts appropriate to their age and intelligence, while other acts are carried out by their legal representatives (that is, parents) or with the consent and retroactive recognition of legal representatives.

Therefore, minors over the age of 8 can keep the money for themselves or their parents, but they can only independently carry out civil juristic acts that are appropriate to their age and intelligence, such as purchasing school supplies, small amounts of gift food or clothing and school bags, etc., while bulk consumption must be represented by their legal representatives or with their consent and retrospective recognition.

If a minor over the age of 8 pays a network anchor or recharges a game with a money of old age, according to relevant regulations, it should be considered that his act of rewarding the network anchor or the game recharge is an act of pending validity, and the consent of the legal representative should be obtained, if the legal representative refuses to recognize it, then his behavior is invalid, and the legal representative has the right to request the live broadcast platform or the merchant to return the consumption money.

Therefore, the money received by minors under the age of 18 belongs to the donated minor in terms of ownership, but the law takes into account the cognitive ability and intellectual status of minors, and makes clear provisions on statutory agency matters, leaving legal space for parents to keep their children's old age money and interfering with children's spending. The amount of money that parents receive from their minor children and interfering with their children's large consumption beyond their own cognitive abilities are not in themselves against the law.

After Wang Mao's money theft incident was temporarily over, Wang Mao's cousin came to borrow money to buy a house, and Wang Mao's parents lent their savings, including Wang Mao's money, to Wang Mao's cousin.

Law Point 3: Do Parents have the right to embezzle their children's money?

Can't.

According to the law, parents are the guardians of minors, and the guardian's duty is to carry out civil juristic acts on behalf of the ward, protect the ward's personal rights, property rights and other legitimate rights and interests.

Guardians shall perform guardianship duties in accordance with the principle of the ward's best interests. In addition to safeguarding the ward's interests, the guardian must not dispose of the ward's property.

If parents are purely for the benefit of their children, such as letting their children participate in interest classes or something, they can use the money to suppress the age. However, if the child's property is not disposed of for the benefit of the child, it constitutes infringement.

According to news, a female college student in Yunnan Sued her parents to the court because her parents were unwilling to pay tuition fees after their divorce, asking for 58,000 yuan to pay tuition fees.

Therefore, don't underestimate the pressure money, there are still many "university questions" in it.