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压岁钱孩子能不能自己保管?万一孩子乱花怎么办?《民法典》这样规定

每逢春节,孩子们最期待的就是拿压岁钱,但家长一句语重心长的“我帮你保管”,往往让孩子无法拒绝。那么红包能不能由孩子自己保管呢?2021年1月1日实施的民法典给了明确解答。

压岁钱孩子能不能自己保管?万一孩子乱花怎么办?《民法典》这样规定

△今年春节期间流传于网络的一张图片。

根据现行的民法典第十八条、十九条、二十条、二十一条等相关规定,八周岁以上的未成年人为限制民事行为能力人,但可以独立实施纯获利益的民事法律行为;八周岁以下的未成年人为无民事行为能力人,需要其法定代理人代理实施民事法律行为。

上海普世万联律师事务所徐巧月、刘泽若律师表示,压岁钱属于纯获益的收入行为,八周岁以上的孩子可以自己收取。孩子的监护人一般都是父母,也就是孩子的法定代理人,所以,八周岁以下孩子的压岁钱由其父母以法定代理人的身份代为收取。值得注意的是,此处父母仅是“代理实施”民事法律行为,并不因此改变压岁钱归于孩子的属性。在日常生活中,基于孩子的年龄、智力、社会认知等因素,在收到压岁钱之后,多由父母代为保管,但压岁钱款项依然是属于孩子的,父母不能随便乱用,按照民法典第三十五条的相关规定:“监护人除为维护被监护人利益外,不得处分被监护人的财产。”

金诚同达(上海)律师事务所合伙人刘慧慧律师进一步解释,随着压岁钱金额不断增大,孩子很难合理保管或支配这样一笔巨款,所以家长代替孩子保管不仅是现实中通行的一种做法,更是法律所规定的一种方式。但父母替孩子保管处分压岁钱前提必须是维护孩子的利益。如为其购置生活、学习的用品,为其报名参加兴趣班、夏令营等。但如果家长将孩子的压岁钱拿来为自己购置物品等,实际上就使孩子的财产遭受了损失,既违反了法律的相关规定,也违背了立法保护未成年人权益的宗旨。

有家长担心,让孩子自己管着红包,万一孩子乱花钱怎么办呢?尽管八周岁以上的孩子,可以自己花钱,但也有条件限定。法律规定,八周岁以上的未成年人实施民事法律行为由其法定代理人代理或者经其法定代理人同意、追认,但是可以独立实施纯获利益的民事法律行为或者与其年龄、智力相适应的民事法律行为。换句话说,孩子们想购买零食或者学习用品等小额用品是可以自己做主的,但是如果发生与其年龄、智力状况等不相符合的消费,就需要父母追认了。父母不追认的话,行为就是无效的。

具体来说,八周岁以上的孩子可以自行购买文具、课外书、习题集等学习用品。这类行为与孩子的年龄、智力相适应,算不上“乱花钱”,孩子可以独立实施;涉及手机、平板电脑、笔记本电脑等价值较大产品时,行为需要父母同意、追认;孩子进行高额网络游戏充值、主播打赏等行为,近年来纠纷和争议较多。徐巧月、刘泽若律师认为,此类行为就属于“乱花钱”的范畴,需要得到父母的同意、追认。但是在实践中,付出去的钱能否追回还需要综合考虑付款场景、设备使用等证据情况。事后补救不如事先防范,我们建议父母提前采取防范措施,比如妥善保管电子产品的密码、设置付款限额和付款确认方式、设置未成年人模式等。

根据民法典第一百四十五条、一百五十五条的规定,相对人可以催告法定代理人自收到通知之日起三十日内予以追认。法定代理人未作表示的,视为拒绝追认。民事法律行为被追认前,善意相对人有撤销的权利。无效或者被撤销的民事法律行为自始没有法律约束力。总之,关于孩子压岁钱的使用,律师建议:父母可以代管压岁钱,并用之于孩子;亦可以此为契机,让孩子自主管理压岁钱,与孩子共同制定使用规则,甚至可以进行理财规划,引导孩子树立正确的消费观、金钱观,培养财商思维。

栏目主编:毛锦伟 文字编辑:毛锦伟 题图来源:图虫 图片编辑:苏唯

来源:作者:栗思

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

Yang Jian, a 28-year-old young man, is a lazy and idle young man. He is sunny and strong. He is not interested in the hard work of his career, and always hopes to find a rich woman to support him and live a comfortable life. He often tried to get close to high-end establishments and tried to sell in luxury stores, with the aim of using all means to obtain the contact information of rich women.

Just when he had nothing to do, he met a rich woman over forty named Li Meihua, 41 years old. Li Meihua is a successful entrepreneur with great wealth and social status. When she was young, Li Meihua was busy with work, and she has always devoted herself to work after her successful career, and she has never been married.

Their encounter is always dramatic, Li Meihua accompanies the client to a high-end restaurant, and when she meets Yang Jian at the door of the restaurant, she falls in love at first sight, she has a strong attraction for young Yang Jian and is willing to provide him with everything. The two immediately left each other's contact information, chatted online for two days, and began to make an appointment to meet.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

Yang Jian saw this opportunity and invested in the relationship without hesitation. Because Li Meihua can provide him with everything he needs, he no longer has to worry about his livelihood and can live a luxurious life with endless power and money. On the day the two met, Yang Jian dressed up carefully and also acted like a gentleman. Li Meihua is not the first rich woman he has come into contact with, so he has a lot of experience in how to pursue rich women.

He showed his strong body and muscles in front of Li Meihua, trying to capture Li Meihua's heart with his young flesh, Yang Jian succeeded, Li Meihua soon began to pursue him, and the two fell in love together.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

41-year-old Li Meihua still lives a refined life, her figure is also very good, she has never given birth, she still maintains a slender figure, and she can't see her middle-aged face at all. Moreover, women in their 40s are like wolves like men in their 20s. The lives of the two of them are very harmonious, and Yang Jian's quality of life has been qualitatively improved with the help of Li Meihua. He lived a poor life last year, but this year he has gone in and out of high-end places, with luxury cars and mansions.

Two years later, because the relationship between the two was very deep, the two parties decided to get married, so 30-year-old Yang Jian and 43-year-old Li Meihua got married.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

However, five years passed, and Yang Jian began to feel uneasy and empty in his heart. Two people with disparity in economic ability mean that the family status of the two people is different, Yang Jian is always cautious and only promised in front of Li Meihua, Yang Jian has completely lost patience, he does not want to go on like this, and begins to think about his self-esteem.

He began to realize that he was not really fulfilling his dreams and pursuits. He didn't put in the effort, didn't pursue his interests and goals. Everything he has is built on the wealth and efforts of others. He began to regret his choice because he felt that his life had become meaningless.

There is another more important reason, Li Meihua is old. And Yang Jian is still young, people who are more than a teenager apart, and the problem of age gap has also appeared.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

At the same time, Lee Meihua also began to feel confused and disappointed in the relationship. She once thought that she could win Yang Jian's love and loyalty by giving him material satisfaction. However, she gradually discovered that money and power could not fill the gap in feelings. She began to doubt Yang Jian's sincerity towards her, wondering if he just valued her wealth and chose to be with her. Li Meihua was also worried that Yang Jian would like a younger, more beautiful and richer girl, and abandoned her. The more Li Meihua thought about it, the more angry he became, obviously he was a rich person, since he felt that Yang Jian was not sincere, he abandoned him.

The conflict escalated over the course of the relationship. Yang Jian's inner struggle made him more and more distant from Li Meihua, and Li Meihua's doubts and doubts about Yang Jian also made her begin to re-examine the authenticity of the relationship. The distance between the two people is getting farther and farther, and they find that the gap between each other is getting bigger and bigger.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

In the end, Yang Jian decided to leave Li Meihua and start his life again. He realized that he could no longer rely on other people's wealth to live a false life. He has to work hard, pursue his dreams, and find true happiness.

Li Meihua feels that money and power do not bring true love and happiness. She decides to let go of the wrong choices of the past and look for someone who truly loves her, not someone who is attracted to her wealth.

Can dependence on the wealth or power of others give us true happiness and satisfaction? Does the meaning and value of life lie in our own efforts and pursuits?

(This article is a mini-fiction series, the characters and plots in the text are fictional, please do not take a seat!) Welcome to follow me [heart])

压岁钱孩子能不能自己保管?万一孩子乱花怎么办?《民法典》这样规定

每逢春节,孩子们最期待的就是拿压岁钱,但家长一句语重心长的“我帮你保管”,往往让孩子无法拒绝。那么红包能不能由孩子自己保管呢?2021年1月1日实施的民法典给了明确解答。

压岁钱孩子能不能自己保管?万一孩子乱花怎么办?《民法典》这样规定

△今年春节期间流传于网络的一张图片。

根据现行的民法典第十八条、十九条、二十条、二十一条等相关规定,八周岁以上的未成年人为限制民事行为能力人,但可以独立实施纯获利益的民事法律行为;八周岁以下的未成年人为无民事行为能力人,需要其法定代理人代理实施民事法律行为。

上海普世万联律师事务所徐巧月、刘泽若律师表示,压岁钱属于纯获益的收入行为,八周岁以上的孩子可以自己收取。孩子的监护人一般都是父母,也就是孩子的法定代理人,所以,八周岁以下孩子的压岁钱由其父母以法定代理人的身份代为收取。值得注意的是,此处父母仅是“代理实施”民事法律行为,并不因此改变压岁钱归于孩子的属性。在日常生活中,基于孩子的年龄、智力、社会认知等因素,在收到压岁钱之后,多由父母代为保管,但压岁钱款项依然是属于孩子的,父母不能随便乱用,按照民法典第三十五条的相关规定:“监护人除为维护被监护人利益外,不得处分被监护人的财产。”

金诚同达(上海)律师事务所合伙人刘慧慧律师进一步解释,随着压岁钱金额不断增大,孩子很难合理保管或支配这样一笔巨款,所以家长代替孩子保管不仅是现实中通行的一种做法,更是法律所规定的一种方式。但父母替孩子保管处分压岁钱前提必须是维护孩子的利益。如为其购置生活、学习的用品,为其报名参加兴趣班、夏令营等。但如果家长将孩子的压岁钱拿来为自己购置物品等,实际上就使孩子的财产遭受了损失,既违反了法律的相关规定,也违背了立法保护未成年人权益的宗旨。

有家长担心,让孩子自己管着红包,万一孩子乱花钱怎么办呢?尽管八周岁以上的孩子,可以自己花钱,但也有条件限定。法律规定,八周岁以上的未成年人实施民事法律行为由其法定代理人代理或者经其法定代理人同意、追认,但是可以独立实施纯获利益的民事法律行为或者与其年龄、智力相适应的民事法律行为。换句话说,孩子们想购买零食或者学习用品等小额用品是可以自己做主的,但是如果发生与其年龄、智力状况等不相符合的消费,就需要父母追认了。父母不追认的话,行为就是无效的。

具体来说,八周岁以上的孩子可以自行购买文具、课外书、习题集等学习用品。这类行为与孩子的年龄、智力相适应,算不上“乱花钱”,孩子可以独立实施;涉及手机、平板电脑、笔记本电脑等价值较大产品时,行为需要父母同意、追认;孩子进行高额网络游戏充值、主播打赏等行为,近年来纠纷和争议较多。徐巧月、刘泽若律师认为,此类行为就属于“乱花钱”的范畴,需要得到父母的同意、追认。但是在实践中,付出去的钱能否追回还需要综合考虑付款场景、设备使用等证据情况。事后补救不如事先防范,我们建议父母提前采取防范措施,比如妥善保管电子产品的密码、设置付款限额和付款确认方式、设置未成年人模式等。

根据民法典第一百四十五条、一百五十五条的规定,相对人可以催告法定代理人自收到通知之日起三十日内予以追认。法定代理人未作表示的,视为拒绝追认。民事法律行为被追认前,善意相对人有撤销的权利。无效或者被撤销的民事法律行为自始没有法律约束力。总之,关于孩子压岁钱的使用,律师建议:父母可以代管压岁钱,并用之于孩子;亦可以此为契机,让孩子自主管理压岁钱,与孩子共同制定使用规则,甚至可以进行理财规划,引导孩子树立正确的消费观、金钱观,培养财商思维。

栏目主编:毛锦伟 文字编辑:毛锦伟 题图来源:图虫 图片编辑:苏唯

来源:作者:栗思

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

Yang Jian, a 28-year-old young man, is a lazy and idle young man. He is sunny and strong. He is not interested in the hard work of his career, and always hopes to find a rich woman to support him and live a comfortable life. He often tried to get close to high-end establishments and tried to sell in luxury stores, with the aim of using all means to obtain the contact information of rich women.

Just when he had nothing to do, he met a rich woman over forty named Li Meihua, 41 years old. Li Meihua is a successful entrepreneur with great wealth and social status. When she was young, Li Meihua was busy with work, and she has always devoted herself to work after her successful career, and she has never been married.

Their encounter is always dramatic, Li Meihua accompanies the client to a high-end restaurant, and when she meets Yang Jian at the door of the restaurant, she falls in love at first sight, she has a strong attraction for young Yang Jian and is willing to provide him with everything. The two immediately left each other's contact information, chatted online for two days, and began to make an appointment to meet.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

Yang Jian saw this opportunity and invested in the relationship without hesitation. Because Li Meihua can provide him with everything he needs, he no longer has to worry about his livelihood and can live a luxurious life with endless power and money. On the day the two met, Yang Jian dressed up carefully and also acted like a gentleman. Li Meihua is not the first rich woman he has come into contact with, so he has a lot of experience in how to pursue rich women.

He showed his strong body and muscles in front of Li Meihua, trying to capture Li Meihua's heart with his young flesh, Yang Jian succeeded, Li Meihua soon began to pursue him, and the two fell in love together.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

41-year-old Li Meihua still lives a refined life, her figure is also very good, she has never given birth, she still maintains a slender figure, and she can't see her middle-aged face at all. Moreover, women in their 40s are like wolves like men in their 20s. The lives of the two of them are very harmonious, and Yang Jian's quality of life has been qualitatively improved with the help of Li Meihua. He lived a poor life last year, but this year he has gone in and out of high-end places, with luxury cars and mansions.

Two years later, because the relationship between the two was very deep, the two parties decided to get married, so 30-year-old Yang Jian and 43-year-old Li Meihua got married.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

However, five years passed, and Yang Jian began to feel uneasy and empty in his heart. Two people with disparity in economic ability mean that the family status of the two people is different, Yang Jian is always cautious and only promised in front of Li Meihua, Yang Jian has completely lost patience, he does not want to go on like this, and begins to think about his self-esteem.

He began to realize that he was not really fulfilling his dreams and pursuits. He didn't put in the effort, didn't pursue his interests and goals. Everything he has is built on the wealth and efforts of others. He began to regret his choice because he felt that his life had become meaningless.

There is another more important reason, Li Meihua is old. And Yang Jian is still young, people who are more than a teenager apart, and the problem of age gap has also appeared.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

At the same time, Lee Meihua also began to feel confused and disappointed in the relationship. She once thought that she could win Yang Jian's love and loyalty by giving him material satisfaction. However, she gradually discovered that money and power could not fill the gap in feelings. She began to doubt Yang Jian's sincerity towards her, wondering if he just valued her wealth and chose to be with her. Li Meihua was also worried that Yang Jian would like a younger, more beautiful and richer girl, and abandoned her. The more Li Meihua thought about it, the more angry he became, obviously he was a rich person, since he felt that Yang Jian was not sincere, he abandoned him.

The conflict escalated over the course of the relationship. Yang Jian's inner struggle made him more and more distant from Li Meihua, and Li Meihua's doubts and doubts about Yang Jian also made her begin to re-examine the authenticity of the relationship. The distance between the two people is getting farther and farther, and they find that the gap between each other is getting bigger and bigger.

Story|28-year-old guy, didn't want to work hard, married a 41-year-old rich woman, and began to regret it in 5 years

In the end, Yang Jian decided to leave Li Meihua and start his life again. He realized that he could no longer rely on other people's wealth to live a false life. He has to work hard, pursue his dreams, and find true happiness.

Li Meihua feels that money and power do not bring true love and happiness. She decides to let go of the wrong choices of the past and look for someone who truly loves her, not someone who is attracted to her wealth.

Can dependence on the wealth or power of others give us true happiness and satisfaction? Does the meaning and value of life lie in our own efforts and pursuits?

(This article is a mini-fiction series, the characters and plots in the text are fictional, please do not take a seat!) Welcome to follow me [heart])