Can parents dispose of the money of their underage children at will?
2025-05-20
Can parents dispose of their children's money at will? In a typical case released by the Supreme People's Court, a father used 838000 yuan from his underage children as a down payment to purchase a house, but did not register it under the children's name as agreed in the divorce agreement. The court ordered the father to return the property to the children in accordance with the law. Zhao and Ding divorced, and their son Ding Xiao lived with Ding. The divorce agreement between the two parties stipulates that Zhao shall pay Ding Xiao a living allowance of 700000 yuan. At the same time, it is agreed that the 700000 yuan and the 138000 yuan donated by Ding Xiao from his elders shall be used as the property rights shares for Ding Xiao to purchase a certain property. Ding shall handle the purchase of the property on behalf of Ding Xiao and register Ding Xiao's name and shares on the property certificate. Later Zhao paid 700000 yuan in living expenses according to the divorce agreement. On July 9th of the same year, Ding signed a house purchase and sale contract, paying a down payment of 838000 yuan and the remaining house payment in the form of a loan. On July 12 of the same year, Ding and Wang registered their marriage and registered the real estate involved in the case under the names of Ding and Wang, indicating joint ownership. Ding Xiao filed a lawsuit with the People's Court, requesting Ding and Wang to return RMB 838000 and interest. The trial court held that, based on the ascertained facts, the down payment of 838000 yuan for the house involved in the case came from Zhao's payment of living expenses to Ding Xiao and the property donated by Ding Xiao. The 838000 yuan should be recognized as the property of Ding Xiao. Ding, as the direct guardian of Ding Xiao, failed to register Ding Xiao's name and share as agreed in the divorce agreement when purchasing property, which infringed upon Ding Xiao's legitimate property rights and interests. The property involved in the case is currently registered under the names of Ding and Wang, and both parties have obtained corresponding benefits and should bear the responsibility of returning the funds. The Supreme Court stated that with the development of the economy and society, the types of property owned by minors have become increasingly diverse. Protecting the property rights and interests of minors is one of the important aspects of guardians fulfilling their guardianship duties. This case has guiding significance for clarifying the responsibilities of guardians, clarifying the ownership of property of underage children, and determining the criteria for determining damages to their rights and interests. On May 15th, the Supreme People's Court released a total of six typical cases related to the protection of minors' families, further exerting the functions of judicial judgment standardization, evaluation, education, and guidance, and increasing the attention and importance of the whole society to the protection of minors' families. The execution of cases involving personal and behavioral issues, such as custody and visitation, is often a practical difficulty. In another case, Xu and Hu separated due to emotional issues, and their 1-year-old daughter lived with Hu. During the separation period, Xu took the opportunity to visit and secretly took his daughter from Hu's home to another place, and refused Hu's visit. Hu tried to negotiate with Xu multiple times but was unsuccessful before filing a lawsuit with the court. The court ruled that during the period of their separation, their daughter would be raised by Hu. However, Xu did not comply with the judgment to deliver the child. After Hu applied for compulsory execution, Xu refused to comply despite being notified by the court and hid his daughter at a relative's house, frequently changing her place of residence and resisting execution. The people's court innovated its enforcement methods, combining firmness and flexibility, implementing pre disciplinary measures such as pre detention and pre fines, and actively doing a good job in interpreting laws and providing guidance on family education, ultimately urging Xu to transfer the child. The people's courts will fully play their judicial functions, use judicial rulings to promote parents to fulfill their guardianship responsibilities in accordance with the law, promote the coordinated linkage and integration of the "six protections", and effectively safeguard the legitimate rights and interests of minors. (New Society)
Edit:XieEnQi Responsible editor:XieEnQi
Source:people.cn
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