1. Can minors ask for a refund when they reward an anchor?
According to Article 19 of the Civil Law of People's Republic of China (PRC), minors over the age of eight are persons with limited capacity for civil conduct and are represented by their legal representatives or recognized and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.
Article 145 stipulates that a civil juristic act that restricts a person's capacity for civil conduct to obtain pure benefits or a civil juristic act that is appropriate to his age, intelligence and mental health is valid; Other civil juristic acts shall take effect with the consent or ratification of the legal representative.
If the money spent by minors over eight years old through "rewarding" in the process of participating in the live broadcast on the online platform is not suitable for their age and intelligence, the payment behavior is an act with undetermined effect, which requires the consent or ratification of the legal representative to take effect. If the legal representative does not agree or ratify, 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. For children under the age of eight, because they have no capacity for civil conduct, the fees spent by minors under the age of eight to participate in online "reward" should be refunded.
Second, what are the provisions on the effectiveness of the acts carried out by persons with limited capacity for civil conduct?
A civil juristic act that restricts an individual's civil capacity to obtain pure benefits or a civil juristic act that is appropriate to his age, intelligence and mental health is valid, and other acts are valid only after ratification.
According to the provisions of Article 145 of the Civil Law of People's Republic of China (PRC), a civil juristic act that restricts a person with civil capacity from obtaining pure benefits or a civil juristic act that is suitable for his age, intelligence and mental health is valid; Other civil juristic acts shall take effect with the consent or ratification of the legal representative.
The other party may urge the legal representative to ratify it within 30 days from the date of receiving the notice. If the legal representative fails to express it, it shall be deemed as refusal to ratify it. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.
3. What are the criteria for restricting civil capacity?
There are two criteria for judging whether a person with limited capacity for civil conduct is mentally sound:
(1) is judged by the meaning ability (cognitive ability) of a natural person. This standard is mainly formulated for minors and mental patients. Will ability refers to the psychological ability to understand one's own behavior and predict its consequences. The capacity of will is the basis of confirming and dividing the capacity of civil conduct, and the capacity of a natural person depends on his capacity of will.
Whether a natural person can reasonably understand the nature and consequences of his behavior is the key to judge whether his spirit is healthy or not. If he can't understand the legal consequences of his behavior at that moment, even if his behavior is appropriate and fair, even if the other party has no reason to think that he has any mental disorder, then his behavior can be revoked according to law.
The natural person's meaning ability is mainly influenced by the natural person's physiological conditions. Such as age, intellectual development and mental state, have a direct impact on the level of natural people's ability to mean.
(2) Judging by the will of a natural person. This standard is mainly formulated for adults. Although an adult natural person knows the nature and consequences of his behavior, it depends on whether he can control his behavior reasonably and rationally. If an adult has difficulty in self-control because of mental illness or mental illness, then some obviously unfair civil acts he has done for self-harm can be declared invalid. For example, when adult drug addicts have an attack, they take the initiative to sell their houses at a very low price. This kind of civil behavior should be allowed to be revoked, making their ownership invalid. Of course, only when the other party knows his situation and deliberately engages in this kind of business with him can the business be revoked.
The existence and level of natural person's will ability are not only influenced by natural person's physiological conditions, but also influenced by many social factors, including natural person's economic situation, moral cultivation, life self-control ability and other acquired or practical factors. A civil juristic act of a person with limited capacity for civil conduct must be represented or ratified by his legal representative before it can take effect.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 145
A civil juristic act that restricts a person's capacity for civil conduct to obtain pure benefits or a civil juristic act that is appropriate to his age, intelligence and mental health is valid;
Other civil juristic acts shall take effect with the consent or ratification of the legal representative. The other party may urge the legal representative to ratify it within 30 days from the date of receiving the notice. If the legal representative fails to express it, it shall be deemed as refusal to ratify it. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.