Five check general law: New Year!Let’s learn the legal knowledge of lucky money

2022-05-09 0 By

Chinese New Year is inevitable without “New Year’s money”, today, five checks with four questions to take you to understand the legal knowledge of “New Year’s money”!01 The legal nature of lucky money?In fact, there is no “New Year’s money” in the rules of Our country, but based on traditional folk customs, as long as the behavior of giving New Year’s money does not violate the law and public order and good customs, it will not be prohibited by law.The act of giving lucky money is defined as “gift” in the civil law.Alleged “donative”, namely donative person gives his property free to receive give a person, receive give a person to express a kind of behavior that accepts, its essence is the transfer of property droit.Article 657 of the Civil Code of the People’s Republic of China article 657 of the gift contract is a contract whereby the donator gives his property to the donee free of charge and the donee expresses his acceptance of the gift.Note: the gift contract is a practical contract, so once the child receives the money, the gift contract has been established.The donor is entitled to revocation of the gift before delivery, but not after delivery.02 Who owns the lucky money children receive?Have the right to enjoy lucky money, this should talk about “civil rights capacity”.Article 13 A natural person shall have the capacity for civil rights from birth to death and shall enjoy civil rights and assume civil obligations in accordance with the law.Article 14 All natural persons are equal in their capacity for civil rights.That is to say, we from a birth (in fact, there may be in the womb, specific point can the fetus inherit?2022/1/24 (21)) has the capacity for civil rights and is qualified to accept gifts.Conclusion: Children receive lucky money belongs to children.Can children collect lucky money by themselves?Can oneself collect New Year’s money, that has to talk about “civil capacity”.The so-called civil capacity is simply the ability to be responsible for one’s own behavior.Article 17 to Article 22 of the Civil Code stipulates the classification, identification standards and legal significance of persons with complete, limited and no capacity for civil conduct, but there are many articles of the law, we directly look at the table: Conclusion: The behavior of receiving New Year’s money is a relatively typical civil legal behavior of pure benefit.As long as children are at least 8 years old and can identify their own behavior, they can collect the money independently.Of course, not full 8 years of age of children, that still need parents present or at the behest of parents to collect New Year’s money.Can parents keep children’s Lucky money?The parents are the guardians of the children.One of the duties of a guardian is to protect the property rights of his ward.Because children are not yet mature, their mind and social experience are not mature, and they are legally incapacitated or limited in civil capacity, the protection of their property is easy to appear careless.Conclusion: As guardians, parents have the right to keep children’s lucky money.But please note that “keeping” is not the same as “owning”.The lucky money that parents keep for their children still belongs to them in nature.At the same time, parents custody and disposal must be in line with the “most conducive to the guardian principle”, in the disposal of children’s New Year’s money, must be in order to maintain the interests of children, such as the use of the New Year’s money to buy insurance for him, to sign up for his interest classes and so on, in short, shall not damage the interests of children.Article 27 Parents shall be the guardians of their minor children.Article 34 The duty of a guardian shall be to act for his ward in civil juristic acts and to protect his rights of the person, property and other lawful rights and interests.Article 35 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.