Do parents have any control over the lucky money their children receive during Spring Festival?

2022-04-26 0 By

During the Spring Festival, children are most happy to receive lucky money, can have their own “small Treasury”.However, many children will be asked by their parents to hand over lucky money.So, according to the law of our country, the ownership of lucky money belongs to parents or children?Do parents have any control over the lucky money?On February 4, Sichuan online reporter Xiaoming invited Judge Wang Min of the Guang ‘an Intermediate People’s Court to focus on the legal knowledge behind lucky money.Who gets the lucky money?The ownership of New Year’s money belongs to children in China’s traditional customs, New Year’s money in folk culture meaning exorcism evil spirits, bless children in the New Year healthy and safe.Since the original intention of New Year’s money is to send a certain amount of money to the younger generation through the elders of good wishes, then according to the custom, New Year’s money belongs to children.”The law supports that.New Year’s money belongs to the property of gift from the legal nature, the child is the recipient, that is, the owner of New Year’s money.Receiving a gift is an act of pure profit.According to the law, civil capacity begins at birth, regardless of whether the child has civil capacity, are entitled to receive gifts.”This means that the ownership of the money has always belonged to the children, Wang said.Wang Min further explained that capacity for civil rights has nothing to do with age, but capacity for civil conduct is related to age.The Civil Code of the People’s Republic of China (hereinafter referred to as the Civil Code) divides capacity for civil conduct into three categories. The first category is persons with full capacity for civil conduct, including adults with normal intelligence over the age of 18 and minors over the age of 16 under special circumstances.The second category is persons with limited capacity for civil conduct, namely minors between the ages of eight and eighteen.The third category is persons without capacity for civil conduct, that is, minors under the age of eight.Eight years of age is a dividing line between limited capacity for civil conduct and no capacity for civil conduct.According to Article 20 of the Civil Code, minors under the age of eight are persons without capacity for civil conduct and shall be represented by their legal agents in civil juristic acts.Wang Min told Xiao Ming, therefore, in the case of children under the age of eight, the child’s lucky money should be managed by the legal agent of the child that is the guardian.The child shall be a person with limited capacity for civil conduct from the age of eight to adulthood.According to the law, during this age period, the child has a certain ability to identify, can independently implement its age, intelligence commensurate with the civil legal acts.”It can be understood that the ownership of lucky money belongs to children.Parents can manage it until the age of eight.However, from the age of eight, children can independently control a certain amount of lucky money.It is important to note that the parent does not have arbitrary control.”Min said.Do parents have any control over children’s lucky money?Before the child 18 years old, there is management and the right of ratification about parents to the child’s lucky money has the right to dominate?Wang Min told Xiao Ming that when children are minors, parents have a certain right of control.But about the spending of New Year’s money, must be related to the minors, parents can not use New Year’s money simply for their own consumption.Article 19 and article 20 of the Civil Code provide that minors over the age of eight are persons with limited capacity for civil conduct and shall be represented by their legal agents or with the consent and ratification of their legal agents in performing civil juristic acts.However, civil juristic acts benefiting only or civil juristic acts appropriate to his age or intelligence may be performed independently.A minor under the age of eight shall be a person without capacity for civil conduct and shall be represented in civil juristic acts by his agent AD litem.Wang Min introduced, combined with the above two legal provisions, it can be understood as, children under the age of eight years old lucky money, on behalf of the parents to manage and control;Children between the ages of eight and 18 can have their lucky money managed and controlled by their parents, or they can spend it on their own according to their age and intelligence.However, if children use New Year’s money to buy large items or large rewards anchor and other behaviors, they need to be approved by their parents or ratification to have legal effect.”Parents have no control over their children after the age of 18.”In addition, Article 35 of the Civil Code also stipulates that a guardian shall perform his guardianship duties in the best interest of his ward.A guardian may not dispose of his ward’s property except to safeguard his ward’s interests.Ma y further explained, “civil code” article 35 regulation means, parents on New Year’s money that govern the children only for the benefit of the child, and shall not be for themselves or the interests of others, or belong to the belongings of unauthorized disposition by the guardian, is not permitted by law, the children have the right to claim refund in accordance with the law.This means that before the age of 18, parents have the right to manage and distribute their children’s lucky money, but it does not mean that parents can use their children’s lucky money for their own consumption.In addition, Article 1,188 of the Civil Code also stipulates that if a person with property without or with limited capacity for civil conduct causes damage to others, compensation shall be paid out of his property;Any deficiency shall be compensated by the guardian.”That is to say, if a minor infringes on others, such as injuring others or damaging others’ toys, he or she should be given priority to pay compensation from his or her own lucky money, and the insufficient part should be compensated by his or her parents.”Wang Min told Xiao Ming.Source: Sichuan Online