Family things are like Tianxinyuan | The elderly entrusted the women's management deposit, but they were argued that they were presented by the women. How did the court judge?

Family

The grace of breeding is greater than the heavens, and the piety is the first. The elderly asked the women to regulate the deposit. Later, when the successor was returned, the stepdother claimed that the elderly gave her to her and was unwilling to return. So, how should the court judge?

Retrospective

On August 27, 2018, Uncle Wang, 75, delivered his deposit of 132,600 yuan to his successor Li, and the two sides verbally agreed that the amount was kept by Li. If Uncle Wang needs to use money, he will return it. Uncle Wang urgently needed money for physical reasons, but Li refused to pay for various reasons.

On June 28, 2022, Uncle Wang complained to Li to Xinyuan County People's Court in Yili Prefecture.

On September 10, the Xinyuan County People's Court applied a simple procedure in accordance with the law, and tried the plaintiff Wang and the defendant Li's contract dispute in the form of "cloud court trial".

Judgment result

During the trial process, the defendant Li had argued that his stepfather Wang had been supporting him and had been living together. The amount was given by the plaintiff and was taken care of by it. Because it only had more than 1,000 yuan per month, the economic situation was only more than 1,000 yuan in economic conditions. It is also poor, no money or obligations to repay the money.

The court tried that in 1980, the defendant Li's mother and the plaintiff Wang married, and the defendant lived with his mother at the age of 6 to live with the plaintiff. Wang gave the deposit of 132,600 yuan to Li for the fact that Li was clear and Li could not confirm that the money was given by Wang. Wang did not recognize the gift. The court then decided that the defendant Li returned 132,600 yuan to the plaintiff Wang. If you fail to fulfill the obligation to pay for the period according to the period specified in this judgment, you shall double the debt interest during the delayed performance in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.

Law link

"Protection Law of the Elderly of the People's Republic of China"

Article 15 stipulates that the supporter shall allow the sick elderly to get treatment and care in time; for the elderly with economic difficulties, medical expenses shall be provided.

For the elderly who cannot take care of life, the supporter should bear the responsibility of care; if you cannot take care of them, you can entrust others or pension institutions according to the wishes of the elderly.

Article 22 stipulates that the elderly have the right to possess, use, return, and dispose of personal property in accordance with the law. Children or other relatives shall not interfere, and shall not violate the property rights and interests of the elderly by stealing, deceiving, and forcibly obtaining the elderly.

The elderly have the right to inherit their parents, spouses, children or other relatives in accordance with the law, and have the right to accept gifts. Children or other relatives shall not invade, grab, transfer, hide or damage the property that the elderly shall be inherited or received by the elderly.

For the elderly, the property shall retain the necessary shares for the elderly spouse according to law.

Source: Rule of Law Daily

Correspondent: Zhu Yi

Edit: Li Ruiqi Senbaiti

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