In Chinese popular culture, children receive a red envelope with money on Chinese New Year, known as hongbaowhich is a symbol of good omen. For Xiaohui, a 10-year-old boy from Henan province, these gifts have also become the reason for a court battle against his own father. A court in Zhengzhou, China, has forced the parent to return every last yuan of the minor’s savings for improperly using them to pay the expenses of his second marriage. In total 82,750 yuan, about 10,400 euros at the current exchange rate.
The case, reported by the newspaper South China Morning Postbreak with the idea that parents are the absolute owners of the money that comes into the homesince the new Chinese Civil Code now protects children’s savings above the will of their parents.
The empty piggy bank after the treat
Xiaohui lived with her father after her parents divorced two years ago. During that time, the money from his gifts accumulated in a bank account opened specifically for him. The surprise came at his father’s second wedding, when the boy was sent to his mother. It was then discovered that the account was empty and that the father had withdrawn the 82,750 yuan to pay for the banquet and ceremony.
The parent’s defense, which the court described as unjustified, was based on the common argument in many families that the money in the envelopes actually comes from the parents’ social circle and, therefore, belongs to them. The man even claimed at the hearing that the lawsuit was a maneuver by his ex-wife to harm him.
However, the sentence referred to in the Chinese media It is blunt. The magistrates remember that, although the parents are the legal guardians, the money from the gifts is the personal property of the minor. The Chinese Civil Code details that from the age of eight, children have the right to participate in the management of their property for educational or leisure purposes. Using these funds for someone else’s wedding constitutes a violation of the child’s property rights.
The ruling not only requires the return of the money, but also the accrued interest that the father also pocketed. The news has reopened the debate in China about the limits of family authority. “If you can’t pay for your own wedding, how do you expect to raise a child?” commented one user on social media after hearing the news. The court has given the legal answer that family customs are not an excuse to empty a minor’s piggy bank, much less to pay for a wedding that the parent could not afford.
Children’s money is also untouchable in Spain
If this case had occurred in Spain, the result would have been very similar. Our law establishes that although parents have parental authority, that does not give them the right to keep their children’s assets. According to the article 164 of the Civil Codeparents can only manage that money, but the real owners are the children. Whether it is a birthday gift or the savings that grandparents keep, that capital cannot be touched for expenses that do not directly benefit the minor. Spending a child’s savings on a wedding or on one’s own debts is, simply, a legal violation.
Spanish law also allows for accountability. He article 168 dictates that a child, upon reaching the age of 18, may “demand from parents the accountability of the administration they exercised over their property until then.” If the money is found to have been used improperly or negligently, a judge can force parents to repay every cent, including interest. In short, in Spain a child’s piggy bank is protected by law against the whims of their parents.