China News Service, January 22 (China News reporter Wu Tao) WeChat red envelopes are considered gifts, but transfers are always loans?

　　Recently, this topic has aroused heated discussion among netizens as a dispute case was concluded. Many people are confused about when to transfer money and when to send red envelopes.

In addition, can I still get back the 520, 1314, etc. transfers I sent?

Netizens are quarreling: Will all funds be transferred in the future?

　　Recently, according to the Rule of Law Daily, the Beijing Haidian District People's Court concluded a loan dispute case and determined that there is a difference in nature between WeChat red envelopes and transfers. Red envelopes are gifts, while transfers are loans.

Accordingly, the defendant Mr. Zhou was ordered to repay the plaintiff Ms. Liu’s loan of 12,900 yuan.

　　Ms. Liu said that she met Mr. Zhou through WeChat in 2019.

Soon after the two parties got to know each other, Mr. Zhou borrowed money from him many times on the grounds of financial difficulties.

Mr. Zhou argued that the money involved was not a loan but a gift.

　　After trial, the court held that Ms. Liu provided funds to Mr. Zhou through WeChat red envelopes and WeChat transfers. The WeChat red envelope itself contained the meaning of "gift". Based on the specific circumstances of this case, 2,769 yuan was a gift from Ms. Liu, and no Zhou was required. Mr. repay.

Regarding the 12,900 yuan that Ms. Liu paid to Mr. Zhou through WeChat transfer, although Mr. Zhou argued that it was a gift, he had no evidence to prove that Ms. Liu had expressed intention to make a gift and Mr. Zhou should repay it.

  Some netizens commented.

Weibo screenshot

　　The topic quickly aroused heated discussion. Some netizens said, "If a stay-at-home mother takes care of her children at home, what does it mean if my husband transfers three or four thousand to me every month?"

　　"The purpose of the transfer is written in the remarks, how to calculate this?"

　　"If I buy something, using red envelopes doesn't count? Do I have to transfer money?"

　　"My friend owed me 100 yuan, and he paid it back with a red envelope. Is it considered a gift? Can I ask for it again?"

　　"I learned it. I will always transfer money and add notes in the future."

Are all transfers considered a loan?

　　WeChat red envelopes have social attributes, and the amount is usually low. The general upper limit is 200 yuan, and there may be 520 and other amounts on special days.

WeChat itself does not clearly stipulate what is considered a loan and what is a gift.

　　Zhao Zhanzhan, a lawyer at Beijing Jiawei Law Firm, said in an interview with Sino-Singapore Finance that transfers through WeChat do not have social attributes in most cases and are generally easily identified as loans.

  Screenshots of WeChat red envelopes and transfers.

　　“However, combined with WeChat chat records, etc., it is proved that the WeChat transfer is a gift. For example, the transfer amount is not particularly high, the transfer number has a specific meaning, and even the chat records can reflect holiday blessings, follow-up, etc. In this case, the WeChat transfer It is also in the nature of a gift," Zhao Zhan said.

How to calculate transfers such as 520 and 1314?

　　Previously, many media reported that the court’s judgments on some cases of unjust enrichment disputes showed that transfers in special amounts of 1314, 9999, 6666, 5211, etc. were gifts, and the court would not support requests for return of such transfers.

　　Moreover, on some special days, WeChat also supports sending 520 red envelopes on that day. If the amount exceeds 200 yuan, it will generally be considered as a gift.

　　Zhao Zhan believes that under normal circumstances, combined with the blessing words remarked when sending WeChat red envelopes, or the transfer amount contains special numbers, such as 88, 1314, etc., these have special social meanings, so it is easy to be regarded as a gift in nature when sending WeChat red envelopes. .

Can red envelopes be used to pay for goods or pay off debts?

　　If I owe someone 200 yuan and I give him a red envelope in the end, will it be considered a gift?

Or can I use red envelopes to pay for things?

　　Zhao Zhan believes that this generally follows the principle of whoever claims to provide evidence, and it depends on whether the red envelope notes or chat records reflect the specific situation at that time.

　　In addition, based on actual usage, WeChat red envelopes are generally limited to 200 yuan, which is difficult to cause major disputes.

What does it mean to transfer money between relatives?

　　Some netizens have questions: How to calculate this as couples transfer money more frequently?

Once divorced, will it be used to "make trouble"?

　　Zhao Zhanzhan believes that WeChat transfers or red envelopes between husband and wife usually do not distinguish between gifts or loans, and they are all joint property of husband and wife.

　　"Generally speaking, red envelopes sent on WeChat are easily identified as gifts in most cases, unless there is evidence related to a loan relationship. In most cases, transfers on WeChat are easily identified as loans, except when there is evidence related to gifts." Zhao Zhanzhan Summarize.

　　Have you learned it?

(over)