The child used his mother s mobile phone to give the anchor a gift of 30,000 yuan, can this money be

Depending on the situation, you can get some of the money back by going through the legal process.

No, although it is a child, this act is also spontaneous, and he is not forced to do this, and the act of giving is also protected by law.

If you use legal means, you can recover the 30,000 yuan.

I think it should be okay because it was brushed without his mother's knowledge.

This should be able to come back, as long as the people on that platform are better.

Generally, it is not possible to ask for a return. Unless you know someone in the background, such as the streamer's agency.

This is impossible, it belongs to the child who has to be disciplined improperly, or he will not come back.

Generally speaking, it is necessary not to come back, which is also related to the poor discipline of parents.

I don't think it's possible, it's all unilateral and voluntary consumption.

It should be possible to go back, but it still depends on the willingness of the anchor, which is theoretically possible.

I don't think I'll have to go back, because it's hard to come back if I've already given it.

Legal analysis: After the child rewards the anchor, he can recover it. The child is not a person with full capacity for civil conduct, and cannot independently carry out civil juristic acts, after the child rewards the anchor, the gift must be recognized by the parents, and if the parents do not agree, the gift is invalid, and the parents can ask the anchor to return the money, and if the anchor is unwilling to return it, he can get it back through litigation, and may file a civil lawsuit with the people's court to force the anchor to return the money through a judgment.

Legal basis: Civil Code of the People's Republic of China

Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

After the child rewards the anchor, he can chase it back. The child is not a person with full capacity for civil conduct, and cannot independently carry out civil juristic acts, after the child rewards the anchor, the gift must be recognized by the parents, and if the parents do not agree, the gift is invalid, and the parents can ask the anchor to return the money, and if the anchor is unwilling to return it, he can get it back through litigation, and may file a civil lawsuit with the people's court to force the anchor to return the money through a judgment.

1. Can I recover the money from online tips?

The money that the network tips the anchor may not be recovered. For persons with full capacity for civil conduct, the law provides that they are able to independently carry out civil juristic acts. The act of tipping voluntarily is a lawful civil act and generally cannot be recovered; However, if the act of tipping carried out by a person with limited civil capacity exceeds the scope of his or her cognition, it may be found to be an invalid legal act, and may be sued and recovered by his legally-prescribed person.

The two parties may first settle the matter by agreement, and if the agreement fails, the court will make a judgment.

2. How to recover the money from the anchor.

The money from tipping streamers can be recovered by way of an agreement or lawsuit. The tipping party can negotiate with the anchor to deal with it, and if the negotiation fails, it can go to the court to file a lawsuit, and the court will make a judgment. Adults are persons with full capacity for civil conduct, and may independently carry out civil juristic acts, and tipping for adults is a voluntary act and generally cannot be returned.

Those under the age of 16 are persons with limited capacity for civil conduct, and the money they give to the anchor may be recovered. If a minor gives a large amount of money to the anchor, his or her behavior may be regarded as exceeding his or her own cognition, and may be invalidated through law.

3. Whether the money from the reward anchor can be sued and returned.

The money you tip to the anchor may not necessarily be sued for return. The money voluntarily given by a person with full capacity for civil conduct is a lawful civil act, and the parties have no right to get it back. Minors over the age of eight and adults who cannot fully recognize their own behavior, in order to limit their capacity for civil conduct, carry out large-amount tipping behavior, which requires the recognition and consent of the legal ** person to be effective, and those who do not recognize and agree can be sued to get back.

The law stipulates that minors over the age of 16 who rely on their own labor income as their main livelihood** are regarded as persons with full capacity for civil conduct.

Civil Code of the People's Republic of China

Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

1. You can claim to return.

2. The contract concluded by a person who has no capacity for civil conduct or a person with limited capacity for civil conduct is invalid.

1) A person with no capacity for civil conduct refers to an incapacitated person such as an infant, a mentally ill person, or a person with Alzheimer's disease, and the contract entered into by such a person is completely invalid.

2) The situation of persons with limited capacity is slightly different.

According to the interpretation issued by the Supreme People's Court, if a "bear child" is a person with no or limited capacity for civil conduct, and rewards the anchor without the consent of the guardian, the guardian may request the return of the corresponding money. If the payment made by minors in the process of participating in online paid games or online live streaming platforms through recharging, "tipping" and other means is not suitable for their age and intelligence, the payment is an act with pending validity, and it can only take effect after the consent or retrospective recognition of the legally-prescribed person, and if the legally-designated person does not agree or does not recognize, the act is invalid. An invalid civil juristic act is not legally binding from the beginning, and the property obtained by the actor as a result of the act shall be returned.

Note: Children under the age of 8 will be refunded for online games.

Minors under the age of eight are persons with no capacity for civil conduct, so all expenses incurred by them in participating in online games should be refunded. This is a natural conclusion that can be drawn in accordance with the law, so there is no specific provision in the Guiding Opinions.

Legal basis

Civil Code of the People's Republic of China

Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or that are appropriate to their age, intelligence, or mental health status are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.

The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.