Using the good name of supporting parents to commit the evil act of transferring property

[2] Compiled from: Shandong High Court
 
Case review
Mr. Gao and Ms. Lü, a married couple, are both over 85 years old and have difficulty managing daily life. Their son, Gao, took care of them. During this period, the son, Gao, under the pretext of helping his parents pay the nanny’s wages, withdrew all of the plaintiffs’ savings without authorization, leaving the two plaintiffs penniless. The two plaintiffs then filed a lawsuit with the court against their son, Gao, and daughter-in-law, Wu, on grounds of unjust enrichment, demanding that the son and daughter-in-law return more than 2 million yuan in cash that had been withdrawn without authorization.

 
 

The court, after trial, held that although the defendant Gao is the son of the two plaintiffs, he transferred deposits under his parents’ names to his own name without their consent, thereby infringing upon his parents’ lawful rights and interests. The lawful rights and interests of the elderly shall be protected by law. In accordance with the relevant provisions of the Civil Code, the dispute between the parties should be characterized as one of return of original property, and Gao and his wife Wu shall return the funds belonging to the two plaintiffs that they had unlawfully possessed. Reasonable expenses incurred by the defendant couple in caring for the parents during the relevant period shall be deducted from the amount to be returned. Accordingly, the court ruled that the defendant Gao and his wife Wu shall jointly return to the plaintiff couple a total of more than 1.93 million yuan.
 
 
The [1] The People's Republic of China Civil Code
Article 235 [Right to Claim Return of Original Property]: If a person unlawfully possesses immovable or movable property, the right holder may request the return of the original property.

 
 

 
[1] The author's perspective
Beyond legal principles, there is also human sentiment. Although money can be recovered through legal means, broken family bonds are difficult to restore. As a son, the defendant should fulfill his duty to support his parents. The traditional Chinese virtue of "respecting the elderly as one would one's own elders" should be upheld, rather than appropriating parents' property under the guise of support. This case demonstrates that even a biological son must bear legal responsibility if he infringes upon his parents' lawful rights and interests.
 
Respecting and caring for the elderly reflects good moral character, and safeguarding the lawful rights and interests of the elderly in accordance with the law embodies the spirit of the law. Only by fostering such a positive atmosphere can every elderly person enjoy a happy and healthy old age.