In real life, there may be situations where children secretly sell their mother's valuable jewelry behind their parents' backs in order to buy their favorite new game consoles. How can parents recover their losses when they find out about this situation?
Here we should distinguish the age of children. According to the law, contracts concluded by persons with no capacity for civil conduct are generally invalid, except for those that benefit only. The effectiveness of contracts concluded by persons with limited capacity for civil conduct remains to be determined. In other words, if the child is incapable of civil conduct, the parents can claim that the sales contract is invalid through litigation to recover the property sold by the child; If the child is a person with limited capacity for civil conduct, and the parents do not ratify or refuse to ratify after the child disposes of the property, then they can claim that the effectiveness of the sales contract is pending through litigation, and that the contract is invalid from the beginning without ratification or refusal of ratification by the legal representative, so as to recover the property.
If a child only makes a non large amount of buying and selling behavior that is appropriate to his age, intelligence and mental health, it is also effective without ratification, and parents can no longer ask for the recovery of property at this time.
Legal basis:
Article 58 of the General Principles of the Civil Law of the People's Republic of China
The following civil acts are invalid:
（1） Implemented by a person without civil capacity;
（2） The person with limited capacity for civil conduct is unable to implement independently according to law;
（3） One party causes the other party to act against its true intention by means of fraud, coercion or taking advantage of others' difficulties;
（4） Malicious collusion harming the interests of the state, the collective or a third party;
（5） Violating laws or public interests;
（6） Covering an illegal purpose in a legal form. An invalid civil act has no legal binding force from the beginning of the act.
