In the civil code era, the children's pressure money is in charge of who cares

During the Spring Festival, the fire is not only the New Year stall, but also the discussion of pressing the New Year's money. Who counts the child's age-pressing money, whether parents can spend the child's old-age money, and whether the child's old-age money should be handed in, has been repeatedly listed on Weibo's hot search. There was even a mother who posted a mysterious IOU that she gave her child to keep the money for the elderly, and wrote "After the age of 18, I will not return it."

In fact, the newly promulgated civil code has made detailed provisions on the nature, ownership, who is in charge and how to use the old age money, and also makes a distinction between the pressure money and the couple's common property and maintenance in judicial practice such as divorce disputes, post-divorce property disputes, and maintenance disputes.

Pressing old money is for children

By whom custody to respect the wishes of the child

Pressing money is a gift from an elder to a junior, and should be handled in accordance with the legal relationship of the donation. Article 657 of the Civil Code stipulates that 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. Article 658 stipulates that the donor may revoke the gift before the right to the donated property is transferred. This means that the elders have given their children money and cannot go back casually.

Some parents are not convinced, the child is too small, how can they receive red envelopes? It depends on how young the child is. According to the provisions of Article 19 of the Civil Code, minors over the age of eight are persons with limited capacity for civil conduct, and their legally-designated representatives are to act as their legally-designated representatives or have their legally-designated representatives approve and posthumously recognize them; however, they may independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are appropriate to their age and intelligence. Article 20 provides that minors under the age of 8 are persons without capacity for civil conduct, and their legally-designated representatives are to carry out civil juristic acts on their behalf. Simply put, minors over the age of 8 can independently collect money, because this is an act of pure profit. Minors under the age of 8 need the consent of their parents to collect the money.

Parents, as guardians, shall dispose of the old age money in accordance with the provisions of Article 35 of the Civil Code. Article 35 of the Civil Code stipulates that 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. Guardians of minors performing guardianship duties, when making decisions related to the interests of the wards, shall respect the wards' true wishes on the basis of the ward's age and intellectual status.

Therefore, for minors under the age of 8, the red envelope is kept by the parents; for minors over the age of 8, who keeps the red packet should respect the child's wishes.

Parents refuse to return the money

Return can be sued

Parents keep their children's money, and parents must return it when the child reaches adulthood or when the child needs to use the money. Let's look at a real judicial case.

Xiao Wang, 15, has been living with his father and stepmother since his parents divorced. Xiao Wang has 35,000 yuan of pressed money kept by his stepmother, stored in his stepmother's bank card, and each withdrawal will obtain Xiao Wang's consent and write down a description. Later, his father died, and Xiao Wang began to live with his mother again. Since Xiao Wang needs to spend money to go to school, Xiao Wang sues his stepmother for unjust enrichment and demands the return of the money. The stepmother refused to return it, saying that she had never kept the pressed old money, and she was also Xiao Wang's guardian, Xiao Wang's birth mother was not a guardian, and even if there was pressure money, she did not need to give it to Xiao Wang.

After trial, the court held that if there is no lawful basis for obtaining improper benefits, causing losses to others, the improper benefits obtained shall be returned to the person who suffered losses. In this case, the stepmother had written a note that she recognized that her card contained Xiao Wang's 35,000 yuan. Now Xiao Wang asked his stepmother to return the money, and the court supported it. With regard to the stepmother's reply that the birth mother was not eligible for guardianship, in this case, since the death of Xiao Wang's father, Xiao Wang lived with his biological mother, and the stepchildren formed between Xiao Wang and his stepmother had in fact been broken, so Xiao Wang's birth mother had the right to represent Xiao Wang in litigation, and the stepmother had no right to keep the money on behalf of Xiao Wang after she lost custody.

Therefore, when the child gives the old age money to the parents, it is best to leave a note; when the parents collect the child's pressure money, it is also a respect for the child to give the child an IOU. The best practice is to open a special account for the money, so that the access is recorded, and it will not be mixed with other family property to avoid disputes.

Minors cause harm to others

Compensation can be made with pressed money

Children often inadvertently cause property and personal injury to others in their lives, which will cause compensation problems. 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 causes harm to others, the guardian shall bear tort liability. Where guardians fulfill their guardianship duties, their tort liability may be mitigated. Where 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 expenses from his own property; the insufficient part shall be compensated by the guardian.

Therefore, if a child accidentally injures someone else, when compensating others, he can pay for it with pressure money.

Pressing old money can not be done

The joint property of the spouses is divided

In judicial practice, there are indeed parents who demand that their children be divided and pressed for years. 70% of claims for the division of the money appear in divorce disputes and post-divorce property disputes.

Xiao Zhang and Xiao Wang had a son after marriage, and due to the family's solid situation, the child's old money accumulated more than 100,000 yuan. The two later had a disagreement and sued for divorce and divided the couple's common property and children's money. After trial, the court ruled that Xiao Zhang and Xiao Wang were divorced, and the child was raised by her mother, Xiao Wang. Since the money is the personal property of the child and does not fall within the scope of the joint property of the husband and wife, it is not dealt with in divorce cases.

In cases involving the pressure of old money, there is also a common dispute, that is, the dispute over the division of common property. The child advocates that he has the money from his parents and is used by his parents to buy a house, so he should have his own share of the property. At trial, the plaintiff's claim is often dismissed for lack of evidence.

Author: □ Qin Pengbo

Source: Economic Reference