Adult red envelope, can you deposit “private money”?

2022-05-05 0 By

On the first day of the Year of the Tiger, red envelopes on holidays and wechat are common. In the following days, red envelopes are also given when visiting relatives and friends. However, few people think about what kind of legal property the red envelopes between individuals are.Can it be left to individual discretion?This article discusses the nature of “red envelope” according to the relevant provisions of China’s “Civil Code”, hoping to throw a brick to arouse the experts’ thinking and add luster to a harmonious and happy life.Taking the Spring Festival red envelope as an example, whether the red envelope is directly exchanged between relatives and friends, or in the group of family members and friends, snatching red envelope, all involve a real problem of the property ownership of red envelope.Whether cash red packets, wechat red packets, Alipay red packets, etc., all have cash value, can be directly deposited into personal accounts, at the disposal of the red packet receiver;Red envelope, in essence, belongs to “gift”, subdivided online network red envelope, offline entity red envelope, its behavior and nature is slightly different.(1) Online red envelopes, no matter they are directed or distributed in groups, the recipients of red envelopes belong to the recipients of the red envelopes, namely, the owners of the property of the red envelopes.(2) Offline physical red envelopes are generally the holiday blessings of the elder to the younger generation. Such red envelopes generally have a clear gift object, which is the owner of the red envelope.As mentioned above, the receiver of the red envelope, namely the recipient of the red envelope, namely the owner of the red envelope, according to this logic, the income from the red envelope belongs to personal property income.Private money, not a legal concept, is only a kind of image of personal property under the common property model, but it is indeed a widespread social phenomenon in real life.(1) of minor junior Chinese New Year red envelopes, gift of elders is based on the friendship between the elders more income, and is often accompanied by elder. Give each other a minor junior, is in essence seniors personal property or joint property to a minor junior private property a transformation relations, have certain human nature of the deal,However, it is also true that minors who do not need the elder to return the gift receive red envelopes.Therefore, the property ownership of this kind of red envelopes obtained by minors is relatively complex, and generally belongs to the family common property.(2) There are two main ways for adults to receive red envelopes: one is the love and compassion of the elders for their children and grandchildren, and quietly issue red envelopes to adults to subsidize their families or meet rainy days. This red envelope is obviously a direct gift to the recipient and should belong to the recipient.The other is “snatching red envelopes” during festivals, such as work groups and wechat friends. These red envelopes are personal gifts to the recipients, who in principle are the owners of the red envelopes.In principle, the person who receives the red envelope is the property owner of the red envelope, and the red envelope should be personal property.Three Chinese New Year red envelopes, red packets, personal property and money above several kinds of legal theory, this paper briefly introduces the red envelope as a whole, does not need to elder social minors between the red envelopes, adults receive red envelopes, can be interpreted as a person donated property income, its property rights belong to the donee personal red envelopes,Individuals have the right to keep the red packets as the recipient’s private money for their own use.In order to sort out the legal relationship, this section introduces the legal provisions of common and husband and wife common property :(1) common, that is, common, not alone.The ownership nature of the Spring Festival red envelopes, according to the gift conditions, are mostly owned independently.According to Article 299 of the Civil Code, the co-owners jointly enjoy the ownership of a commonly owned realty or chattel.Article 308 Co-ownership of a commonly owned realty or chattel where the co-owners do not prescribe the co-ownership by shares or joint ownership, or the stipulation is not clear, the co-ownership shall be deemed to be by shares unless the co-owners have family relations, etc.(2) Ownership mode of conjugal property According to Article 1065 of the Civil Code, both the man and the woman may agree that the property acquired during the period of marriage and the pre-marital property shall be in their respective possession, joint possession or partly separate possession and partly joint possession.The agreement shall be in writing.Where there is no such agreement or the agreement is not clear, the provisions of Articles 1,062 and 1,063 of this Law shall apply.The agreement between husband and wife on the property acquired during the period in which they are under contract of marriage and the pre-marital property shall be legally binding on both parties.Article 1062 The following property acquired by husband and wife during the period in which they are under contract of marriage shall be the joint property of husband and wife and shall be jointly owned by them:(2) income from production, operation and investment;(3) income from intellectual property rights;(4) inherited or donated property, except those provided for in item 3 of Article 1,063 of this Law;(5) other property that should be in the common possession.Husband and wife shall enjoy equal rights in the disposition of their joint property.(1) the pre-marital property of one party;(2) compensation or compensation obtained by one party for personal injury;(3) property belonging to only one party as determined in a will or a gift contract;(4) articles for daily use used by one party;(5) other property that should belong to one party.Happy Spring Festival to the argument and “civil code” regulation of marital property system of learning and understanding, the red envelope, not labor remuneration, not operational earnings, belongs to the gift property is a kind of objective facts, and red envelopes donative behavior are clearly in the recipients own a gift, under normal circumstances is not the gift for a family or couple,In particular, the network red envelope is more clear, either directly donated to individuals, or directly received by individuals, that is, “grab red envelope”, the red envelope property should belong to the individual.Therefore, in general, the Spring Festival red envelopes, for minors, generally belong to the family common property;For adults, the vast majority is personal property, which recipients can save as private money.