In the traditional Chinese cultural customs, lucky money symbolizes good blessings and represents the care of elders for their descendants. During the Spring Festival, relatives and friends gather together, and elders often express their care for their descendants by "giving red envelopes". In addition, couples also give red envelopes to each other on special festivals such as the Spring Festival. Meanwhile, due to the convenience of electronic payment, traditional paper red envelopes are gradually being replaced by online payments such as electronic transfers. Although the above - mentioned behaviors seem convenient, they may give rise to some legal issues, such as "Under what circumstances does giving a red envelope constitute a gift?", "Is an electronic transfer between couples a gift or a loan?", "Do the red envelopes given between couples need to be returned after a breakup?" To answer these questions, one first needs to understand what a gift act in the legal sense is.

I. Does the lucky money given to children constitute a gift to the children?

For children, the most wonderful memory of the Spring Festival is probably receiving heavy red envelopes from their elders. These red envelopes are not only good blessings from elders but also one of the few "properties" of children. However, most children have probably had the experience of having their lucky money "stored" by their parents as soon as they got it. So, who legally owns the lucky money given to children?

According to Article 657 of the Civil Code of the People's Republic of China: A gift contract is a contract in which the donor gives his own property to the donee gratis, and the donee expresses acceptance of the gift. Therefore, lucky money is a gift contract in law. If the gift contract concluded between the elder and the child is legally valid, the lucky money shall belong to the child's legal property.

In practice, many parents take away their children's lucky money on the grounds that their children are too young to manage money. According to the provisions of the Civil Code, minors over the age of eight are persons with limited capacity for civil conduct and can independently perform civil legal acts that are purely beneficial or civil legal acts appropriate to their age and intelligence. Therefore, children over the age of eight are capable of accepting red envelopes from elders on their own and using the lucky money to perform civil legal acts appropriate to their age and intelligence, such as buying daily necessities and stationery. Minors under the age of eight need their parents' consent to accept red envelopes and have their parents manage the money.

Case for legal interpretation:

"Civil dispute between Zhou Mouxiang, Zhou Moufei and Zhou Mou"

After marriage, Zhou (male) and Wu (female) had a son, Zhou Mouxiang (13 years old), and a daughter, Zhou Moufei (13 years old). Later, they divorced, and both children were raised by Ms. Wu. On January 26, 2020, Zhou took away 16,800 yuan of lucky money from his two children on the pretext of safekeeping. After that, Zhou Mouxiang and Zhou Moufei repeatedly asked their father, Zhou, to return their lucky money, but Zhou refused to return it on various grounds. So, Zhou Mouxiang and Zhou Moufei sued their father, Zhou, in court, demanding that he return their lucky money.

The court held that the lucky money in this case should belong to the legal property of Zhou Mouxiang and Zhou Moufei. As the father of the two plaintiffs, Zhou and the mother, Wu, are the legal guardians of the two plaintiffs and both have the responsibility to protect the personal rights, property rights and other legitimate rights and interests of the two plaintiffs. After the mother, Wu, divorced the defendant, the two plaintiffs were directly raised by their mother, Wu. Now, with the consent of their mother, the two plaintiffs asked the defendant to return their personal property, i.e., the lucky money. The defendant should return it in a timely manner and have it supervised by the mother of the two plaintiffs. Accordingly, the people's court ruled that the defendant, Zhou, should return 16,800 yuan of lucky money to the plaintiffs, Zhou Mouxiang and Zhou Moufei.

Lawyer's legal interpretation:

According to the judgment result of this case, if the red envelopes given by elders to minors during the Spring Festival meet the constituent elements of a gift contract, the gift act is legally valid, and the lucky money should belong to the legal property of the minors. The guardians of minors should keep and dispose of the minors' property for the benefit of the minors. In special circumstances, such as when the parents are divorced, the parent who does not live with the children should return the lucky money under their management to the children.

II. Distinguishing and determining the nature of the payment of money in transfers or red envelopes

According to Article 657 of the Civil Code of the People's Republic of China: A gift contract is a contract in which the donor gives his own property to the donee gratis, and the donee expresses acceptance of the gift.

In practice, whether the red - envelope payment behavior between relatives and between couples constitutes a gift or a joint consumption expenditure should be examined by using logical reasoning and daily life experience to see if there are special circumstances, such as whether the amount is a special number and whether it is given at a special time. If there is one of the above - mentioned circumstances, it should generally be recognized as a gift or a joint consumption expenditure.

1. Determination of special time

When judging whether the red - envelope payment behavior belongs to a gift act, the payment time is an important reference standard. Special times include traditional festivals of various ethnic groups and regions, such as the Spring Festival in China, the Qixi Festival, Valentine's Day and Christmas in foreign countries. In addition, it also includes important time nodes between the donor and the donee, such as the donee's birthday and important anniversaries between the two parties.

In the case of red - envelope giving or transfer behavior occurring at the above - mentioned important time nodes, in the absence of other evidence proving a lending relationship between the two parties, it is more likely to be recognized as a gift act.

2. Determination of special amounts

Normally, special amounts are related to special dates, and the amount of the donor's transfer or red envelope is linked to the date. For example, "520" representing "I love you", "1314" representing "forever" given between couples, or amounts the same as the donee's birthday date or important anniversary date. In addition, it also includes some amounts that carry folk - custom wishes, such as "888" representing getting rich and "666" representing a smooth journey.

In addition, the particularity of the payment amount should be examined, especially the size of the amount. If the payment amount is huge and there are no other circumstances, it is more likely to be recognized as a loan; if the payment amount is small, it is more likely to be recognized as a gift, etc.

Case for legal interpretation:

"Dispute over the loan contract between Liu and Li"

At the end of 2018, Liu and Li got to know each other. They established a romantic relationship and lived together at the beginning of 2019 and broke up in October 2020.

On January 24, 2020, Liu transferred 1,000 yuan with the transfer note: "Lucky money". On May 2, 2020, Liu transferred 3,000 yuan with the transfer note: "Happy birthday, wife".Now, Liu sued Li in court, claiming that the above - mentioned transfers were loans and requesting Li to return the loans, while Li claimed that the above - mentioned amounts were gifts and reciprocations during the relationship.

The court held that the focus of the dispute in this case was whether it could be determined that there was a legal lending relationship between the appellant, Liu, and the appellee, Li. In this case, Liu did not provide creditor's vouchers proving a lending legal relationship between the two parties. Although he submitted vouchers for transferring money to Li, since Liu's transfers to Li occurred during their relationship and even cohabitation, and Liu's transfers or red envelopes were paid to Li on special festivals such as the Spring Festival and May 2, which implies "I love you", based on this, Li's defense that the involved amounts were gifts and reciprocations was reasonable.

After the trial, the first - instance court ruled to dismiss Liu's claim, and the second - instance court upheld the original judgment.

Lawyer's Interpretation of the Law:

From this case, we can see the judicial treatment opinions on whether red envelopes or transfer payments during special festivals belong to gift - giving acts:

In this case, although Liu's transfer amount was relatively large, based on the romantic relationship between the two parties and the payment acts in the form of red envelopes or transfers that occurred at the above - mentioned important time nodes, in the absence of other evidence proving a loan relationship between the two parties, it should be regarded as a gift - giving act.

III. Whether the red envelopes sent between couples belong to gifts given for the purpose of getting married

According to Article 661 of the Civil Code of the People's Republic of China: A gift may be subject to obligations. If a gift is subject to obligations, the donee shall perform the obligations as agreed.

According to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Volume of the Civil Code of the People's Republic of China: If a party requests the return of betrothal gifts given in accordance with customs, and it is found to fall under the following circumstances, the people's court shall support the request:

(1) The two parties have not gone through the marriage registration formalities;

(2) The two parties have gone through the marriage registration formalities but have not actually lived together;

(3) The betrothal gifts were given before marriage and have caused the donor to live in difficulties.

The application of the provisions of the second and third items of the preceding paragraph shall be conditional upon the divorce of the two parties.

In practice, in addition to the three - gold items and wedding dress money in traditional Chinese marriage customs, there often occur situations where both parties or their parents pay money to their partners or their children's partners in the form of red envelopes or transfers during traditional festivals such as the Spring Festival. For such transfers with conditions or purpose factors, it should be considered whether the capital exchange is for the purpose of getting married. After the termination of the romantic relationship between a man and a woman, if it meets the circumstances of the relevant judicial interpretations of the Supreme People's Court regarding the return of betrothal gifts, the party receiving the betrothal gifts has the obligation to return them.

Case for Law Interpretation:

"Dispute over betrothal property between Chen, Wang 1, etc."

Chen and Wang 1 got acquainted through a matchmaker and got engaged on February 4, 2022. According to the custom, Chen spent 15,000 yuan on buying gifts for Wang 1 and gave Wang 1 a total of 100,000 yuan as betrothal gifts. Wang 1 went to Chen's house to pay New Year greetings on the same day, and Chen's parents gave Wang 1 10,000 yuan on the spot. Thereafter, Chen went to Wang 1's house several times to discuss marriage matters and gave Wang 1 red envelopes totaling 8,000 yuan. Later, the two parties failed to reach an agreement on the issue of buying a house for marriage, so they terminated the engagement. Now, Chen has filed a lawsuit in the court regarding the return of the betrothal gifts and the daily red - envelope transfer money.

After hearing the case, the court held that the betrothal gift money is a marriage - related gift - giving act, which is a gift - giving act for the purpose of getting married. In the case of not getting married to the other party or finally getting divorced, the conditions attached to the gift - giving act no longer exist or disappear, and the donor can request the return, and the recipient should return it appropriately. In this case, the two parties have not gone through the marriage registration formalities, and the marriage between the two parties cannot be achieved due to trivial matters. The plaintiff's request for the return of the betrothal gift money given in accordance with customs should be supported. In this case, the fact that the plaintiff gave the defendant 100,000 yuan as betrothal gift money is clear, which is hereby confirmed by this court. Regarding the lucky money given by the plaintiff's parents to the defendant, it is a voluntary gift - giving act by the plaintiff's side to build a relationship with the defendant during the dating period, and it is not appropriate to be regarded as betrothal gifts. The plaintiff's request for its return should not be supported; regarding the cost of buying gifts, the plaintiff requests a return at a discounted price. This court holds that the gifts are consumer goods, which are given by both parties or unilaterally to each other to establish the betrothal relationship, and belong to general normal gift - giving acts, and the request for return should not be supported.

Lawyer's Interpretation of the Law:

From this case, we can see that whether payments such as red envelopes or transfers made for the purpose of getting married constitute a gift for the purpose of getting married needs to be analyzed according to the actual situation:

1. Related to Betrothal Gifts

The betrothal gifts given in a betrothal are the property given by both parties for the purpose of getting married. When the marriage purpose of both parties cannot be achieved, if the party giving the betrothal gifts requests the party receiving the betrothal gifts to return the betrothal gifts, the people's court shall support the request. In a broad sense, "betrothal gifts" should include the money and valuable items given by the man's family for the purpose of getting the man married to the woman.

2. Red Envelopes or Transfers Given by Parents and Elders

During the process of concluding a betrothal, the voluntary gift - giving acts of the parents or relatives and elders of both parties to strengthen the betrothal relationship between their children and the other party and to build a relationship between the two families are not appropriate to be regarded as betrothal gifts. If the plaintiff requests their return, the court generally does not support it.