Is a large transfer during a relationship a bride price or a gift?

　　Recently, the People's Court of Xihu District, Nanchang City, Jiangxi Province heard a marriage contract property dispute case. Li (the man) transferred money to Bai (the woman) and his daughter several times during the relationship. , on the grounds that it did not belong to the category of bride price, Li Mou's request for Bai Mou to return 69,000 yuan was rejected in accordance with the law.

　　The court found that after Li and Bai were introduced to each other, they confirmed their relationship in August 2016.

According to the bank statement provided by Li, Li transferred a total of 29,000 yuan to Xiong (Bai's daughter) who was not involved in the case three times during his relationship to pay Xiong's tuition.

At the same time, Li also transferred 40,000 yuan to Bai's bank account.

Later, Bai and Li broke up, and the two parties had a dispute over the nature of the above-mentioned funds. Li believed that he and Bai had discussed marriage, and the transfer was a loan arising from the marriage contract.

However, Bai claimed that he and Li were just boyfriend and girlfriend, never had a marriage contract, and never discussed marriage. Li's money transfer was a voluntary gift from Li during the relationship between the two parties.

Because both parties hold their own opinions, the lawsuit was involved.

　　The court believes that the key to this case is to confirm whether the money involved in the case has the nature of marriage contract property and whether it belongs to the category of bride price.

In this case, although Li claimed that he and Bai had talked about marriage, he neither provided evidence to prove that there was a marriage contract with Bai, the form of the marriage contract, witnesses, etc., nor did he provide evidence to prove that he was talking to Bai When he and his daughter transferred money, they had a clear intention to enter into a marriage relationship with Bai, so it is difficult to determine whether there is a marriage contract between the two parties and whether they are discussing marriage.

Moreover, judging from Li’s self-reported reasons for the transfer, it was Bai who borrowed money from him because of his daughter’s need for tuition fees. Therefore, the transfers involved in the above-mentioned cases do not have the characteristics of marriage contract property and do not belong to the category of bride price.

Li Mou petitioned Bai Mou to return the above-mentioned marriage contract property, which was not supported.

As for whether it was a loan as Li said, or a gift as Bai said, since this case does not belong to the same legal relationship, both parties can collect evidence and find another legal solution.

　　Accordingly, the court made the above judgment according to law.

After the verdict was pronounced, both the plaintiff and the defendant accepted the verdict and suspended the lawsuit.

　　The dowry should be based on the conclusion of a marriage contract

　　According to the Court of Appeals, marriage contract property generally refers to dowry, that is, the financial gifts from both parties to the marriage contract during or before the marriage contract, as well as the property donated by the third party for celebration.

The gift of marriage contract property is a conditional civil legal act. When the marriage contract is dissolved, the donor may request the return of the marriage contract property.

Nowadays, betrothal gifts still play an important role in marriage, and "sky-high price" betrothal gifts are not uncommon.

Once a marriage dispute occurs, the issue of the return of the bride price becomes the intensified point of conflict between the parties. Improper handling will not only affect the stability of the parties’ families, but also aggravate social conflicts and affect social harmony and stability.

Therefore, proper handling of marriage contract property disputes by the people's courts in accordance with the law is conducive to establishing a correct view of marriage and family, promoting the popularization of the law through the judiciary, and promoting the formation of civilized rural customs, good family customs, and honest folk customs.

　　The Civil Code stipulates that arranged, bought and sold marriages and other acts that interfere with the freedom of marriage are prohibited.

Marriage claims for property are prohibited.

Therefore, according to customary dowry gifts, it should be within the acceptable range, but buying and selling in the name of dowry gifts, arranged marriages, and interfering with the freedom of marriage are not allowed.

It is also an act explicitly prohibited by the law for a woman to ask for high-priced property through marriage.

　　Regarding the specific circumstances of the return of the bride price, Article 5 of the Interpretation of the Supreme People's Court Concerning the Application of the Marriage and Family Section of the "Civil Code of the People's Republic of China" (1) stipulates that if a party requests the return of the bride price paid in accordance with custom, if it is found that it falls under the following circumstances: , the people's court shall support: (1) the parties have not gone through the marriage registration procedures; (2) the two parties have gone through the marriage registration procedures but have not lived together;

Accordingly, according to different situations in judicial practice, whether to return the bride price can be handled differently as follows:

　　First, if the two parties have not gone through the marriage registration procedures, and have not lived together, because the nature of the dowry is a gift with conditions for rescission, if the marriage contract is dissolved, it should be returned; Married but paying benefits before marriage and causing difficulties for the payer.

In these two cases, both parties agree to divorce, and the conditions attached to the dowry gift are fulfilled, and part of the dowry gift should be determined to be returned as appropriate; third, although the two parties have not registered for marriage, but they started living together after the wedding according to folk customs, they should be determined to return it as appropriate Fourth, when both parties request to return the bride price paid in accordance with customs when they divorce, they should comprehensively consider the time the two parties have lived together, the amount of the bride price, the purpose of the bride price, whether they have children, and in combination with local customs and other factors, determine whether to return it and return it according to the circumstances. In order to properly balance the interests of all parties involved, maintain social harmony and stability, and form a good social atmosphere.

　　To sum up, whether the return of property under a marriage contract falls within the category of bride price should be premised on the conclusion of a marriage contract between the two parties.

Only when it is determined that it belongs to the category of dowry gift can the return of dowry gift be handled in different situations according to the law.

In this case, whether there is a marriage contract between the plaintiff and the defendant, both parties have their own opinions, which can only be inferred from the form.

Generally speaking, according to customs and customs, a marriage contract can be expressed orally, in writing, or in the form of sending a dowry, holding a ceremony, or holding a banquet.

Plaintiff Li claims that there is no evidence to support the existence of a marriage contract between the two parties. Therefore, the transfer and remittance involved in the case does not have the characteristics of marriage contract property and does not belong to the category of bride price. Plaintiff Li’s appeal to defendant Bai to return the bride price was not supported by the court.

(Our reporter Huang Hui, our correspondent Tao Ran)