170,000 transfer to the son is not a written agreement or a gift or a gift?How will the mother and child judge this money to the public hall court?

With the improvement of the economic level and the changes in family structure, many elderly people often deal with their major property in advance due to factors such as gradual age and poor health. How to protect the legitimate rights and interests of the elderly, keep the old -age money, and keep the new sun red?

Pension fees causing controversy Mother and child's pawn

The former and the defendant were the mother and child relationship. The plaintiff was inconvenient to withdraw money from the age, and transferred 170,000 yuan to the defendant from the defendant to keep it. The defendant had been living with his daughter after a sudden illness. During this time, the plaintiff repeatedly requested the defendant to return 170,000 yuan, but the defendant was controlled by his daughter's control and kept in accordance with his daughter. The plaintiff also repeatedly asked her granddaughter to return, but the granddaughter always excuses to delay and resign, so far she has not returned. The plaintiff believes that the defendant's behavior seriously damages the legitimate rights and interests of the plaintiff, and his physical and mental health. The year of the pension is also helpless with his family. In order to protect its legitimate rights and interests, the plaintiff was sued to the court.

The plaintiff requested that the defendant was ordered to return 170,000 yuan to the plaintiff. The defendant argued that the plaintiff would give the defendant a gift of 170,000 yuan, not to keep, and did not agree to return it. The plaintiff has awareness and ability, and its property does not require others to keep on behalf of others. The defendant was the only son of the plaintiff and took care of the plaintiff during the hospitalization. The plaintiff presented 170,000 yuan to reason.

After understanding the case, the court believed that the custody contract was the custody of the custodian custody and returned the contract to the object. In this case, the plaintiff and the defendant did not sign a written custody contract, but in the comprehensive related facts, the former defendant was the mother and child relationship. rationality. The defendant claimed that 170,000 yuan was the plaintiff's gift of the defendant without providing evidence, and the court did not accept it. Therefore, the court identified the fact that the plaintiff and the defendant had formed a de facto custody contract relationship. The plaintiff had the right to ask the defendant to return 170,000 yuan, so the plaintiff asked the defendant to return 170,000 yuan in lawsuit requests. The court ruled that the defendant returned the plaintiff 170,000 yuan within ten days from the date of effectiveness.

【Judge's saying】

The undertaking judge Juan Juan believes that although this case is a storage contract dispute, the property relationship between the parties is dealt with. At the same time, the mother -child relationship between the original and the defendant is also related to family ethics and social morality. The court determined that the factual custody contract relationship was established between the original and the defendant in accordance with the law. From the perspective of organic integration of the reasonable law, the plaintiff asked the plaintiff to request the defendant to return the litigation request of the storage money. Promotion of good fashion and socialist core values.

The elderly made arrangements for their major property in advance, which is a good thing. However, due to the incomplete processing methods and insufficient consideration, it has caused a lot of contradictions and disputes to the elderly and families. In order to safeguard the legitimate rights and interests of the elderly, the judge suggested that when commissioned their children to keep the property on their behalf, the elderly should sign a written agreement with them to clearly stipulate the property ownership and custody measures to reduce unnecessary disputes in the subsequent, and to maintain the harmony of the family together peaceful.

Yangtze Evening News/Zi Niu Journalist Ren Guoyong Correspondent Gao Mingming Yu Min

Edit: Qin Xiaoyi

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