- A 10-year-old boy in China sued his father for misusing his Lunar New Year money
- The father spent 82,750 yuan of the boy's funds on his second wedding
- Chinese court ordered the father to repay the full amount to the child
In a case that has sparked significant debate on social media, a 10-year-old boy in China sued his father after the man used 82,750 yuan (approximately Rs 11,00,961) of the child's Lunar New Year "gift money" to fund his second wedding. According to a report by The Independent, the boy lived with his divorced father in Zhengzhou, Henan province, where his Lunar New Year "red envelope" (hongbao) money was kept in a bank account managed by the father.
After the boy moved in with his mother following his father's remarriage, they discovered the account had been emptied, including all interest earned. The father refused to return the funds, arguing the money was gifted by his relatives and friends over many years. He claimed he would return it once the boy reached adulthood.
A lawsuit follows...
After all attempts were unsuccessful, the boy filed a lawsuit against his father in order to recover the money. A Chinese court ordered the father to repay the full amount to his son. The court's decision was based on several key legal principles:
- Personal Property: Under China's civil code, monetary gifts given to minors constitute the child's personal property once transferred.
- Guardian Limits: Parents act as legal guardians entitled to manage a child's assets, but they may only use the funds if it is in the child's direct interest, such as for medical needs or education.
- Rights Infringement: The court ruled that using a child's savings for a guardian's personal expenses, such as a wedding, directly infringes upon the child's rights.
Hongbao Tradition in China
The tradition of giving red envelopes, or 'hongbao' in Mandarin, is a big part of Chinese culture, especially during Lunar New Year. These envelopes typically contain money, and the amount often symbolises good luck and prosperity. Red is a lucky colour in Chinese culture, symbolising good fortune, prosperity, and happiness. The envelopes are usually decorated with gold characters or designs, adding to the festive feel.
Elders give them to younger generations to wish them good fortune, and it's also a way to share blessings with friends and colleagues. Giving children money during celebrations became an established custom during the Song and Yuan dynasties (960 -1368).
