11-year old boy was more than 45,000 yuan gift money suing Grandma, the Court sentenced all the return-money, red envelope-IT information
Children's envelopes were occupied by their elders do? Court support get back.
Tao Tao, boys as young as 11 years old after his parents divorced, 78 year old grandmother several times over more than 40,000 yuan sunzikali money take, in order to get back the money, he and his mother take Grandma to the Tribunal.
Surging News (www.thepaper.CN) reporter recently informed that Shanghai Pudong new area people's court verdict taotao grandmother grandson return money and birthday money amounts to more than 45,000 yuan. Court upheld the original judgement in second instance, the case has now entered into force.
After his parents divorced, Grandma took grandchildren more than 40,000 more money
Taotao, had their own happiness, not only an enjoyable one, and on festival days, elders will give their own money, especially Grandma, offered a small amount at a time.
Mother Zhu Tao Tao said, she would not use the money, but a Tao Tao will be deposited in my name on the card. However, the surprise is that old grandmother Shi first used the card money.
In July 2014, taotao birthday just after a few days, parents divorce, taotao lived together with the mother. Maybe it's grandson is about to be "outside the family and" a matter of days, applied over the old Cary took all the money, a total of more than 45,000 yuan.
While this card is on behalf of taotao financed, has been applied on old hands. "When I was young children often live in her home, so she offered to hold it for him. "Ms Chu said.
Ms Zhu repeatedly applying old and begging for money, but to no avail. In desperation, she took her 11 taotao 78 year old grandmother to small claims court. In this way, once next of kin in court.
Judge: when money completes the gift
In court, taotao, Zhu said, Tao Tao, that money is saved by man and boy. Even as Shi old too by said, bank card in of money is she deposit of, but its voluntary will money deposit Tao Tao name of account, this itself is a gift behavior, although Shi old too has never no to its told withdrawals password, but Tao Tao by himself of identity information also can will these money out to, so gift behavior has completed, she has no right to unauthorized withdrawals.
Applying old and has argued, the money does not give the taotao's gift and birthday gift, but his salary deposits, her name just taotao. Not only is your ATM card PIN, nor even the passbook giving taotao, so the money is his.
Effects of old "salary cards" said one has been questioned. The judge found, the account deposit is extremely regular, taotao's birthday, or before and after the Spring Festival. What's more, in the case of his bank card, applying old and can't explain why wages are not stored in their account, and want to deposit to the grandsons hassle there.
Meanwhile, in accordance with the relevant provisions, money savings institutions, individuals can be drawn with valid documents at any time, loss and so on, do not need with passbook and a password. Therefore, the grant money deposit had been completed when he was applying old and without taotao agreed to take deposits without authorization, violated the plaintiffs ' legal rights and interests, should be refunded.
Accordingly, the Pudong District Court made the decision in accordance with law.
11岁男孩为4.5万多元压岁钱状告奶奶，法院判全数返还 - 压岁钱,红包 - IT资讯
孩子的红包被长辈占用了怎么办？法庭支持讨回来。
年仅11岁的小男孩涛涛父母离婚后，78岁的奶奶分多次把孙子卡里的4万多元压岁钱取走，为了讨回这些钱，他与母亲将奶奶告上了法庭。
澎湃新闻(www.thepaper.cn)记者近日获悉，上海市浦东新区人民法院一审判决涛涛的奶奶向孙子返还压岁钱及生日礼金共计4万5千余元。二审法院支持原判，本案目前已经生效。
父母协议离婚后，奶奶取走孙子4万多压岁钱
对涛涛来说，曾经的自己十分幸福，不仅一家人其乐融融，而且每逢节日，长辈们还会给自己压岁钱，尤其是奶奶，每次给的数额都不小。
母亲朱女士常对涛涛说，她不会动用这些压岁钱，而是会如数存进一张涛涛名下的银行卡里。然而，令人意想不到的是，奶奶施老太最先动用了卡里的钱。
2014年7月份，涛涛十岁生日刚过完没几天，父母协议离婚，涛涛跟母亲共同生活。也许是觉得孙子马上就要成为“外家人”，短短几天内，施老太分多次把卡里的钱全取走了，共计4万5千多元。
这张卡虽然是以涛涛的名义办理的，却一直在施老太手上。“小时候孩子经常住她家，于是她就提出要替他先保管着。”朱女士说。
朱女士多次向施老太讨要这些钱，但都没有结果。无奈之下，她带着11岁的涛涛把78岁的奶奶告上了法庭。就这样，曾经的至亲对簿公堂。
法官：钱存入时即完成赠与行为
法庭上，涛涛和朱女士称，这些钱都是涛涛从小到大积攒下的。即使如施老太所说，银行卡里的钱是她存入的，但其自愿将钱款存入涛涛名下的账户，这本身就是一种赠与行为，虽然施老太从来没有向其告知取款密码，但涛涛凭自己的身份信息也能够将这些钱取出来，因此赠与行为已经完成，她无权擅自取款。
施老太却辩称，这些钱并不是给涛涛的压岁钱及生日礼金，而是自己的工资存款，她只是用了涛涛的名义开了户而已。不仅是取款密码，连存折也没有给过涛涛，所以这些钱仍然是自己的。
施老太的“工资卡”一说遭到了质疑。法官发现，该账户的存款时间十分有规律，都在涛涛的生日或春节前后。何况，在自己有银行卡的情况下，施老太也无法解释，为何不将工资存于自己账下，而要大费周章地存到孙子那里。
同时，按照相关规定，钱款存入储蓄机构后，个人便可凭有效证件随时进行支取、挂失等，并不需要凭借存折和密码。因此，赠与的行为自钱款存入时就已经完成了，施老太未经涛涛同意擅自取走存款，侵犯了原告的合法权益，应当予以返还。
据此，浦东法院依法作出上述判决。