The 11-year-old son sold thousands of yuan of mobile phones without authorization, and the woman questioned the merchant: Don't confirm with the parents?

The first gang

2024-06-28 20:00The official account of Fujian TV Comprehensive Channel "The First Gang".

Recently, Ms. Chen from Hanjiang, Putian, reported that the child took a mobile phone worth several thousand yuan to a second-hand mobile phone store without telling the adult, and exchanged it for other mobile phones and cash. While parents are angry at their children's behavior, they also wonder why the store didn't ask the parents to confirm such a large amount of consumption?

The 0111-year-old child sold a mobile phone for 5,000 yuan to a merchant

In March this year, Ms. Chen bought an iPhone 15 for her 11-year-old Xiaofeng. At the beginning of June, Xiaofeng took his mobile phone to a mobile phone store called Qingfeng Communication and exchanged it for an iPhone12pro and 1,000 yuan in cash. Xiaofeng said that he had broken someone else's helmet before, and the other party claimed 600 yuan, and he was worried about being criticized by his parents, so he thought about exchanging his mobile phone for compensation.

From Xiaofeng's narration, it can be seen that he has no concept of large consumption, and he does not know the consequences of this incident. Ms. Chen said that after reflecting on the supervision of children, she also hopes that the store can take responsibility and give explanations and solutions.

02 Persons with limited capacity for civil conduct Large-amount purchases require confirmation from guardians

According to the Civil Code, minors over the age of eight are regarded as persons with limited capacity for civil conduct, and the implementation of civil juristic acts requires the representation of their legal representatives, or with the consent and recognition of their legal representatives.

Xiaofeng is 11 years old and belongs to the person with limited civil capacity under the law, and the store also admitted that it did not confirm the transaction to his parents, and in view of this, the lawyer believes that the transaction is not established.

Lawyer Cai Sibin

A minor is a person with limited capacity for civil conduct, and if he is a person with limited capacity for civil conduct, he can only engage in ordinary small-value transactions that are commensurate with his age and education level. As this kind of sale of old mobile phones and exchange for new mobile phones, such transactions must be beyond the scope of the ability of the person with limited civil capacity, so the seller sells the mobile phone to a person with limited civil capacity such as this child, and this kind of behavior itself is invalid.

03 The store knows the relevant laws and regulations, but is unwilling to solve it because of the attitude of the parents

The store owner of the Qingfeng communication store said that the reason why the matter was not resolved was because Ms. Chen was emotional when she came to the store to communicate and posted content through her personal social account afterwards, so the store asked Ms. Chen to apologize first and then negotiate other solutions.

04Ms. Chen decided to resolve the matter through legal means

On that day, the two sides still did not reach an agreement. The staff of the local market supervision department said that they had also intervened in the coordination, but the mediation failed. In this regard, Ms. Chen also said that she would defend her rights through legal channels.

Lawyer Cai Sibin

01 From the perspective of overall adaptation liability, the liability of second-hand traders is greater, and if there is a loss in the middle, it may be said that the main liability for compensation is borne by the seller.

02 Parents have a certain degree of negligence in their children's education, and guardianship also has a certain degree of negligence, and they also have to bear a small part of the responsibility.

05 Many merchants judge whether the subject of the transaction is a minor by their appearance

The reporter visited several second-hand mobile phone stores and found that many businesses did not understand the relevant laws and regulations on large consumption by minors.

There is no rule that says that students cannot be sold, and parents must communicate with themselves.

One is willing to sell, the other is willing to buy.

The point is that we have never seen such a young child come to sell mobile phones, and we don't know if there are any regulations.

Many store clerks said that in the face of minors' consumption, the reason why they are more concerned is that they are more worried about the unknown origin of their mobile phones and getting into trouble. However, if you encounter a minor who is older and more mature, it will be difficult for the merchant to check it.

06 Businesses involving large-amount consumption by minors should strengthen checks

Operators say that based on experience, they generally rely on the amount or value of the transaction. Of course, during the visit, there are also businesses that will pay special attention to the consumption of minors, and try to ask as much as possible and verify more.

store

If you are under the age of 18, whether you buy or sell, we have to call your parents, and you must agree to sign it.

"Bangbangtuan" also reminds merchants that in their daily business activities, they should not be afraid of trouble or luck, and consciously assume business responsibilities, which can also reduce the occurrence of subsequent consumer disputes.

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