Winter Olympicers win glory for their country
There is also no shortage of anecdotes off the field
The successor Ziwei handed over the assignment
After being kicked in the group
This time it was Wu Dajing's turn
Kicked in the live room
On the evening of February 8
When Wang Meng broadcast live,
Wu Dajing brushed two rockets in a row.
Wang Meng first encouraged:
"Dajing give me another one!" I didn't even look at it."
After confirming that it is me,
Wang Meng immediately "turned his face":
"Why are you here?"
Go back to sleep,
Get ready for the next game! ”
Wu Dajing was then kicked out of the live broadcast room
Many netizens said
Wang Meng cared deeply for Wu Dajing
Kick it beautifully!
Although Wang Meng took Wu Dajing
"Kick out" the live room
It was a well-intentioned joke
It's more of a caring
But from a legal point of view
Can Wu Dajing ask for the money back?
We asked 12348 lawyers
ask
Can Wu Dajing, who was kicked out of the live broadcast room, ask for a refund of the money for the gift?
A: The "tipper" purchases a virtual gift through the network recharge to give the live broadcaster free of charge, and the live broadcaster's acceptance of the act is legally of the nature of a gift.
Because even if you don't tip gifts, as a user of the live broadcast platform, you can still watch the live broadcast content. That is to say, users do not need to pay separate fees during the process of watching live broadcasts, but express their emotions by "tipping" the anchor when they are satisfied or happy with the performance of the anchor. Therefore, the act of brushing gifts to reward anchors is a voluntary behavior, and does not set up a certain relationship of rights and obligations between users and anchors.
According to Article 657 of the Civil Code of the People's Republic of China, a gift contract is a contract in which the donor gives his or her property to the recipient free of charge, and the recipient expresses acceptance of the gift. Tipping to the live broadcaster is a gift, and under normal circumstances, the tipper cannot ask for a refund at will after tipping. A refund can only be requested if the gift contract is invalid or revoked.
Article 143 of the Civil Code stipulates that an effective civil act must meet the requirements of: (1) the actor has the corresponding capacity for civil conduct; (2) the expression of intention is true; (3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
If the donor does not meet any of the above conditions, it may result in the invalidation of the gift contract and a refund.
In addition, the revocation of the donation contract shall be stipulated in Article 663 of the Civil Code: (1) seriously infringing on the legitimate rights and interests of the donor or the donor's close relatives; (2) having the obligation to support the donor but not performing; (3) failing to perform the obligations stipulated in the donation contract, and the donor may revoke the donation. The donor's right of revocation shall be exercised within one year from the date on which the donor knows or should have known the cause of the revocation.
In this case, Wu Dajing is an adult with full capacity for conduct, and the live broadcast room of his tip is a winter Olympic sports project explanation, so there is no violation of the mandatory provisions of laws and administrative regulations and violations of public order and good customs, so his "tipping" behavior is legal and valid.
Second, "kick out" instead of "block". The "kick out" is only temporary, and the audience can enter the live room again to continue watching the live broadcast. If you "block", the audience member cannot enter the live broadcast room again to watch the program. If the audience is not at fault, such as making "uncomfortable" remarks in the live broadcast message area, seriously violating the regulations of the live broadcast platform, disrupting the normal live broadcast order, etc., resulting in being blocked by the anchor, "blackmailing" may infringe on the legitimate rights and interests of the "tipper". In such cases, the "tipper" has the right to claim a refund of the money for the purchase of the gift.
In this case, just "kicking out" the live broadcast room does not mean "pulling black", after the kick out, the "tipper" can enter the live broadcast room again to continue to watch the anchor's program, so there is no infringement on the legitimate rights and interests of the tipper. In addition, just from the perspective of the amount of the tip, it cannot be judged that the "tip" behavior is subject to obligations. Therefore, there is no revocation of the gift contract.
Therefore, in summary, Wu Dajing, who was kicked out of the live broadcast room, may not be able to ask for a refund of the money for the gift.
What are the circumstances in which I can request a refund?
Answer: In current judicial practice, there are generally the following three situations that can be recovered: 1. Minors and adults with limited capacity for civil conduct "huge reward anchors" can be recovered in principle. 2. Rewarding anchors with public funds, and rewarding metals for illegal and criminal gains shall be recovered. 3. If the adult has a spouse, one of the spouses can claim that he is completely unaware of the huge tip, which violates the right of both husband and wife to dispose of the common property, and sue the court to revoke the gift. In particular, when there are improper interactions with the anchor such as extramarital affairs after the tipper has paid a huge amount of property, in principle, the court will find that such behavior violates public order and good customs, and if the anchor accepts such a tip, it shall be returned according to law.
Shanghai 12348 Lawyers in this issue:
Shanghai Shenhao Law Firm Yao Yi
(The 12348 lawyer's opinion is based on the existing public situation and is for reference only.) ）