Marriage is a life event for both men and women
According to the customs of some areas in Zhuji, the
betrothal gift is an indispensable part of the marriage
, but if the two of them break up before the marriage is registered
, this is the go-to gift
the man can still return ?
broke up without getting married, do you want to pay back the gift?
In 2019, Cai and Xu introduced each other and quickly determined their relationship. After getting along for a period of time, both parties have a willingness to get married, so an engagement ceremony was held in January 2020. According to rural customs, an engagement banquet was held at the wife's Xu's house at noon on the day of the engagement, and the man's Cai gave Xu a gift of 208,880 yuan. The good times did not last long for
. Not long after, the two parties were at odds for some reason and the relationship ended. During this period, the two parties did not live together and did not register their marriage. What about the more than 200,000 betrothal gifts of
? Does the woman need to return it to the man?
I have refunded 100,000 to the man, and the remaining money will be used for the engagement banquet. The
lady has indeed refunded me 100,000, but there are only 5 tables for the engagement banquet, and each table will not exceed 500 yuan, and she has to pay me back the rest!
The two parties were in a dispute for a while, so the man Cai Mou sued Xu Mou to court.
In the end, the Zhuji City People’s Court held that the case was a marriage contract property dispute. Because the two parties did not go through the marriage registration procedures and did not live together, the plaintiff told the defendant to return the gift, which complies with the law. The gift should be returned. situation.
However, considering the actual situation such as holding an engagement banquet, it should be returned as appropriate. Cai sued Xu to return 108,880 yuan as a gift, and Zhuji City People's Court supported the 90,000 yuan in discretion.
Xu argued that the gift has been used for actual expenses and other propositions. The basis was insufficient and Zhuji City People's Court rejected it. Judge
said that
beauties are one of ancient Chinese wedding customs, also known as betrothal gifts and betrothal gifts. The custom of betrothal gifts has been in use today, and some people agree and criticize it. However, it cannot be denied that it is still an inevitable part of contemporary marriage contracts between men and women. Therefore, when both a man and a woman ask for the dissolution of the marriage contract or divorce, the issue of the return of the gift will be involved.
In addition to the above cases, in reality, we will also see various situations requiring the return of the gift:
1. If you are unmarried and not living together, how to return the gift?
If the marriage is not registered or living together, the bride price must be returned.
2. How can I return the gift if I live together?
has not registered a marriage and has lived together. According to the time of living together, the amount of the gift, and local customs and habits, whether to return and the amount of return are determined as appropriate.
3. How to return the gift if married but not living together? If
does not live together after completing the marriage registration procedures, the amount of the refund will be determined according to the length of the marriage and whether there is a legitimate reason for not living together. Z2z
4. Married and divorced, and the beneficiary has a difficult life, do I have to return the gift?
If the payer is unable to maintain the most basic living standard in the local area due to the payment of the gift, the gift must be returned as appropriate.
Of course, in judicial practice, the amount of rebate is generally determined based on the degree of fault of both men and women, economic status, length of marriage, and gift spending.
"The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (2)" Article 10: If a party requests the return of a customary gift, if the following circumstances are found, the people's court shall support:
( 1) Both parties have not gone through the marriage registration formalities;
(2) Both parties go through the marriage registration formalities but do not live together;
(3) The payment before marriage has caused difficulties for the payer.
applies to the provisions of items (2) and (3) of the preceding paragraph, and the divorce of both parties shall be the condition.
editor | Seven seven
source | Zhuji City People's Court
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