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

[2] Compiled from: Shandong High Court
 
Case review
Old Gao and Old Lü, both over 85 years old, are unable to care for themselves. Their son, Gao, took care of them, but during this time, he secretly withdrew all of the elderly couple's savings under the pretext of helping them pay the nanny's wages, leaving them penniless. The elderly couple then sued their son Gao and his wife Wu in court, demanding the return of over 2 million yuan in cash that Gao had taken without authorization, on the grounds of unjust enrichment.

 
 

The court found that although the defendant Gao was the son of the two plaintiffs, he transferred the deposits under his parents' names into his own account without their consent, infringing upon their lawful rights and interests. The lawful rights and interests of the elderly should be protected by law. According to the relevant provisions of the Civil Code, the dispute between the parties should be classified as a dispute over the return of original property. Gao and his wife Wu should return the funds they unlawfully possessed belonging to the two plaintiffs. Reasonable expenses incurred by the defendant couple while caring for the parents should be deducted from the returned funds. Therefore, the court ruled that the defendant Gao and his wife Wu jointly return a total of over 1.93 million yuan to the plaintiff couple.
 
 
《 [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.