Recently, Mr. A encountered a problem. He and Miss B got married in September this year and paid the betrothal gift to Miss B. However, Miss B recently told Mr. A that he was unwilling to marry Mr. A. After Mr. A asked him many times, Ms. B was unwilling to return the betrothal gift paid by Mr. A.
According to Article 5 of the "Interpretation of the Supreme People's Court on the Application of Marriage and Family Section of the Civil Code of the People's Republic of China (I)": "If the parties request the return of the dowry paid in accordance with customs, if it is found that it falls into the following circumstances, the people's court shall support it: (1) Both parties have not completed the marriage registration procedures; (2) Both parties have completed the marriage registration procedures but have not lived together; (3) Payment before marriage and causes difficulties in the life of the payer. The provisions of the second and third items in the preceding paragraph shall be subject to the divorce of both parties" and the "payment of the dowry" is a gift contract that meets the conditions for termination. In this case, Mr. A and Miss B did not complete the marriage registration procedures and had met the conditions for termination of the gift of the betrothal gift. Therefore, Ms. B should return the betrothal gift to Mr. A.
