Article** Beijing Municipal People's Procuratorate Branch.
Introduction. As an encyclopedia of social life, the Civil Code is a motherly person who is the whole country. In order to implement the requirements of the 20th National Congress of the Communist Party of China to "carry out in-depth publicity and education on the rule of law and strengthen the concept of the rule of law for the whole people", the Third Branch of the Beijing Municipal People's Procuratorate created the "Civil Code Inspection" WeChat legal popularization platform, starting from the relationship between a person's life and the Civil Code, through the procurator's explanation and the interpretation of the law with cases, so that the Civil Code can go to the masses and go to the hearts of the people, actively respond to the people's urgency, hardship and hope, and strive to practice the feelings of the procuratorate for the people.
The Spring Festival is coming, and children receive the New Year's money from their elders, who has the right to control it?
Scenario 1.
Scenario 2.
In the cognition of many parents, the elders give their children New Year's money.
It should be "kept" by the parents, so whether this idea is correct, let's listen to the prosecutor's statement!
According to the prosecutor.
Prosecutor. The New Year is approaching, and I believe that all parents who have children at home will find that their children's "pockets have become bulging" and have received red envelopes from their elders. In the legal concept, the nature of this kind of New Year's money is a "gift", and the donee is these children, according to the provisions of the Civil Code, the children have ownership of their New Year's money.
So can children decide for themselves how to spend the red envelopes they receive?
According to the provisions of the Civil Code, those under the age of eight are incapable of civil conduct, and children under the age of eight cannot spend their own New Year's money, and their purchase behavior is invalid in law. Children who have reached the age of 8 but are under the age of 18 are "persons with limited capacity for civil conduct", and they can carry out civil juristic acts that are appropriate to their age and intelligence, and the validity of this act is recognized in law. That is to say, it is okay to spend a small amount of money, but if it is a large amount of consumption, the child cannot realize the true meaning of this amount, and it needs to have the prior consent of the guardian or post-facto recognition, otherwise this behavior is invalid. If the child has reached the age of 18 and has become a person with full legal capacity for civil conduct; or those who have reached the age of 16 but are under the age of 18, but rely on their own labor income as their main livelihood, the law will regard them as persons with full capacity for civil conduct, and they will be free to dispose of the red envelopes they have received, and their parents can no longer intervene.
Tips. For minors who have reached the age of 8 but are not yet 18 years old, parents should still pay attention to timely intervention in education for large amounts of consumption beyond their cognition, and when necessary, they can protect the property rights and interests of minors through legal means.
Relevant legal provisions.
Civil Code of the People's Republic of China
Article 18 of the Civil Code of the People's Republic of China: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.
Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
Article 19 of the Civil Code of the People's Republic of China Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legally-prescribed persons or with the consent and recognition of their legally-prescribed persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 20 of the Civil Code of the People's Republic of China: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed **persons** shall carry out civil juristic acts.
The people's court may determine whether a civil juristic act carried out by a person with limited capacity for civil conduct is appropriate to his age, intelligence, or mental health condition, whether the civil juristic act carried out by the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China is appropriate to his or her age, intelligence, or mental health, and whether the person's intellectual or mental health condition can understand his or her conduct and foresee the corresponding consequences, as well as the subject matter, quantity, price, or remuneration.