Can the marriage and love expenses be reclaimed to clarify the relationship and be resolved in accordance with the law
Comics/Gao Yue
□ Our reporter Zhao Hongqi
□ Correspondent Zhao Fulin
According to traditional Chinese customs, men and women often pay a certain amount of dowry and dowry when discussing marriage. Couples in love will inevitably have some economic exchanges such as red envelopes and gifts.
However, when a relationship comes to an end and the two parties break up, the spender often thinks that they have suffered a loss, which leads to economic disputes, and even goes to court for related expenses.
After breaking up, should the expenses during marriage and relationship be refunded?
A reporter from the "Rules of Law Daily" selected five relevant cases heard by the People's Court of Lushi County, Henan Province, reminding people to handle financial and property payment issues rationally from love to marriage, and to resolve disputes in accordance with the law.
Break up after the engagement banquet
Full refund of the received gift
In April 2018, He and Liu established a romantic relationship after being introduced.
On May 23 of the same year, the two held an engagement ceremony according to local customs.
However, half a year later, Liu dissolved the relationship with He.
Subsequently, He Mou filed a civil lawsuit with the Lu's County Court when the expenses spent during the marriage and relationship were fruitless.
The plaintiff He claimed that on May 21, 2018, he spent RMB 3,005 on the purchase of gold jewelry for the defendant Liu.
On the day before the engagement ceremony, the defendant was given a red envelope of 10,000 yuan in cash, and on the day of the ceremony, the matchmaker gave Liu’s mother a cash gift of 68,000 yuan.
In October 2018, Liu asked He to invest in the renovation and renovation of the house he lived in, and successively spent 20,000 yuan to purchase materials such as color steel tiles, steel beams, doors and windows.
In November 2018, the defendant Liu requested to dissolve the marriage relationship with the plaintiff, but he would not return the gifts, decorations, gold jewelry and other properties paid during the relationship between the plaintiff and the plaintiff.
After the trial, the court held that the plaintiff and the defendant held an engagement ceremony in accordance with rural customs, but failed to register their marriage. The plaintiff’s request for the return of the gift was in line with the law, and the defendant should return the return of the gift of 68,000 yuan.
Regarding the 20,000 yuan for house decoration and the red envelope paid the day before the engagement of 10,000 yuan, the defendant did not approve the claim, and the plaintiff did not submit sufficient evidence to prove the claim and did not support the payment.
The 3005 yuan of gold jewelry purchased by the plaintiff for the defendant before the engagement claimed by the plaintiff should be regarded as a gift in the marriage and relationship process, so this request of the plaintiff is not supported.
Based on this, the court ruled that the defendant Liu should return 68,000 yuan to He within 10 days from the effective date of the judgment.
Disagreement
Gift gold jewelry returned as appropriate
In June 2018, Jia and Duan met and fell in love.
According to local customs, Jia paid Duan a bride price of more than 100,000 yuan and other properties worth tens of thousands of yuan during the first meeting, housekeeping, bowing, and marriage proposal.
In September 2019, the two parties held a wedding ceremony in accordance with rural customs. Jia once again paid Duan a red envelope totaling 12,000 yuan, and put 8888 yuan in cash in the bride’s tea bottle when the bride was greeted, but the two had not registered for marriage.
Since then, due to differences in personality, the two often had conflicts, their relationship gradually deteriorated, and eventually they could not live together.
At the end of 2019, Duan did not live together again after leaving home, and both parties agreed to dissolve the marriage contract.
After many negotiations and mediation failed, Jia took Duan and his parents to court, requesting the court to order Duan and his parents to return the gift of 139,488 yuan, and return the diamond necklace, diamond ring, gold bracelet, iPhone and other property.
After hearing the case, the Wulichuan Court of Lu's County Court held that the gift is essentially a gift for the purpose of marriage. Under normal circumstances, when the marriage contract is not established, the gift of the gift is automatically terminated, so the donor has the right to return the gift.
According to the judicial interpretation of my country's Marriage Law, both parties have not gone through the formalities of marriage registration, and the woman should return the gift money and property that conform to the nature of the bride price.
In practice, the amount of the bride price paid by the man to the woman is usually determined by the woman's request, the man's financial situation, and local customs.
When the marriage contract is terminated, the return of the bride price should also be within the scope of the law, combined with local customs, and based on the actual situation of the case, it is not appropriate to return in full.
In this case, although Jia and Duan did not go through the formalities of marriage registration, they held a marriage ceremony and lived together according to rural customs. The fact is that there are husbands and wives. The proportion and amount of the return gift should be considered according to the actual situation of both men and women. The facts of the case ascertained shall be supported as appropriate in accordance with the provisions of the law and combined with local customs.
Accordingly, the court ruled that the defendant Duan and his parents returned a betrothal gift of 92322.3 yuan to Jia. Duan returned Jia a diamond ring, a diamond necklace, a set of gold jewelry, and an iPhone. The dowry items belonged to Duan.
Live together for one year and break up involved in a lawsuit
Judgment to return part of the bride price
The man Chen and the woman Li lived together for one year without registering their marriage. Then Li proposed to break up, and Chen filed a civil lawsuit with the Lu's County Court, demanding the return of 60,000 yuan for the gift and other expenses.
During the trial, the plaintiff Chen claimed that in 2017, the two were introduced to each other by others. When they got engaged on the twenty-ninth lunar month of the same year, the defendant asked the plaintiff to pay 60,000 yuan as a gift.
On the same day, Chen paid 50,000 yuan in cash for the gift and 10,000 yuan in WeChat transfer, totaling 60,000 yuan.
In addition to the bonus, the plaintiff also paid the defendant about 30,000 yuan in cash and goods.
The two moved in together shortly after the engagement.
On June 15, 2018, Chen fell ill and was hospitalized, but Li did not visit the hospital and moved away afterwards.
The defendant Li argued that in January 2018, she negotiated with the plaintiff Chen about the marriage of both parties. Because she was working outside the province at that time, Chen transferred her 10,000 yuan via WeChat on January 10, 2018, which was used for Costs such as buying clothes and travelling home.
On February 4, 2018, the two held an engagement ceremony. At that time, she said that she would not pay the bride price, but she needed the plaintiff's help to pay 50,000 yuan of foreign debt. The plaintiff agreed and provided 50,000 yuan to help her repay the foreign debt.
At the time of the lawsuit, although the two parties had not registered their marriage and had not formed a marriage relationship, they had lived together for more than a year. During the cohabitation period, the plaintiff transferred her money to buy wedding goods and helped her to repay her debts as voluntary gifts.
After the trial, the court held that on January 10, 2018, the plaintiff transferred 10,000 yuan to the defendant for the purchase of clothes as a gift, so this request of the plaintiff was not supported.
The 50,000 yuan paid by the plaintiff to the defendant on February 4, 2018, combined with local customs, should be regarded as a gift paid by the plaintiff to the defendant.
Based on the actual situation of the case, the plaintiff and the defendant have lived together for one year. The court determined that the defendant should return part of the dowry money to the defendant. According to the law, the defendant Li was judged to return the money to Chen Chen within 10 days after the judgment took effect.
Gift with a love symbol
The corresponding money does not need to be returned
Fan and Zhang were once junior high school classmates. After graduation, they were busy with their own lives and did not interact much.
In the spring of 2018, the two re-established contact in the WeChat group chat with their classmates. They felt that their interests were similar, and their friendships doubled. They soon established a romantic relationship.
During the passionate love, every anniversary, holiday and Zhang's birthday, Fan will send red envelopes and transfer money to Zhang to express his love.
However, the good times did not last long. A few months later, Zhang proposed to break up.
Fan, who was immersed in pain, found that from April 2018 to September of the same year, he was a migrant worker who transferred a total of 32,422 yuan to Zhang through WeChat and Alipay accounts in 17 times.
Knowing that Zhang was married to someone else, Fan felt that he was "losing", so he asked Zhang for the transfer.
Later, Zhang returned 13,400 yuan to Fan in 5 times through WeChat and Alipay, and the remaining 19,022 yuan has not been returned.
Fan called many times to urge, but Zhang kept shitting.
Fan sued the court in desperation, requesting that Zhang be ordered to return his 19,000 yuan.
Lu's court official Daokou court opened a court session to hear the case.
During the trial, the defendant Zhang argued that the plaintiff often sent red envelopes such as "520", "521", "1314" and birthday wishes in pursuit of his love. These were sent voluntarily by the plaintiff and were not requested by the defendant.
These red envelopes should be regarded as gifts and belong to the exchanges of gifts during love.
After the trial, the court held that the key to determining whether the money involved in the case should be returned is whether the money is a gift for purpose.
If it is a purpose gift, then if the purpose is not achieved, the defendant's continued possession of the property will constitute unjust enrichment and should be returned.
In this case, the plaintiff transferred RMB 32,422 to the defendant while pursuing the defendant. The purpose was to encourage the defendant to fall in love with him. However, the “520”, “521”, “1314”, birthday wishes, and gift purchases in the 32,422 yuan were symbolic of love. The total amount transferred is 8,622 yuan, which should be a general gift.
Therefore, for the 23,800 yuan that was a purpose gift out of 32,422 yuan, because the purpose was not realized due to the breakup of the two parties, the defendant continued to hold the interests of the lack of legitimacy, which constituted improper gains and should be returned.
According to the situation ascertained, the defendant has returned 13,400 yuan to the defendant, and the remaining 10,400 yuan has not been returned. Now that the plaintiff requires the defendant to return it, there is a legal basis and should be supported in accordance with the law.
Of the 32,422 yuan, 8622 yuan was a general gift, so the plaintiff asked the defendant to return it, but it was not supported.
Accordingly, the court ruled that the defendant Zhang should return 10,400 yuan to Fan within 10 days from the effective date of the judgment.
Give each other during love
The gift part will not be returned
In 2016, Sun and Chang were introduced to each other and established a romantic relationship.
On the day of the engagement, Sun paid Chang's dowry of 16,800 yuan, and Chang returned a gift of 800 yuan.
Later, the two parties had a dispute over the purchase of a house, which led to the breakdown of the relationship.
Sun then went to the court to appeal to Chang to return the gift money and other expenses totaling 27,82 yuan.
In the trial, the defendant only approved 16,800 yuan for the dowry, and disapproved of other expenses, and pointed out that the woman also spent a lot of money in the process of handling the engagement.
After hearing the case, the court held that the two parties paid for each other during their relationship because the two parties used the custom to increase their relationship and should be regarded as a gift.
In the end, the court decided to support 16,000 yuan, and other expenses during the relationship between the two parties may not be refunded.
Relevant provisions of the General Principles of Civil Law
Article 122 Because others have no legal basis and obtain improper benefits, the person who suffers the loss has the right to request the return of improper benefits.
Interpretation of the Supreme Law on Several Issues Concerning the Application of Marriage Law (2) Relevant Provisions
Article 10: Where a party requests the return of the dowry paid in accordance with the custom, the people's court shall support it if the following circumstances are found:
(1) Both parties have not gone through the formalities of marriage registration;
(2) The two parties have gone through the formalities for marriage registration but do not live together;
(3) Payments before marriage have caused difficulties for the payer.
The provisions of items (2) and (3) of the preceding paragraph shall be subject to divorce.
Lao Hu Comments
At present, the lottery is still a heavy burden for many families in our country, and some young men from poor families even have to bachelor because they can't pay the high amount of the lottery.
At the same time, in recent years, the phenomenon of breaking up after being engaged, living together without registering for marriage, and flashing off marriage has increased, and disputes and lawsuits caused by the issue of the return of the gift have also increased.
Regarding giving gifts, especially high value gifts, as a prerequisite for engagement and marriage, is in fact a remnant of the backward marriage phenomenon. It equates a happy marriage with a commodity exchange and violates the current marriage law. Regulations.
The existence of high-sale beauties also runs counter to the construction of civilized rural customs, which can easily cause social conflicts and endanger family harmony.
Therefore, multiple measures should be taken to get rid of it.
First of all, carry out in-depth publicity and education of the wedding ceremony in the vast villages, guide the villagers to consciously abide by the principles and procedures stipulated in the Civil Code and the Marriage Law, establish the concept of not accepting the bride price, and guide the rural youth to consciously resist the bride price and dare to follow the stereotypes. Bad habits break.
Secondly, the role of villagers’ self-government should be brought into play, consciously boycotting the lottery, especially the high-stakes gift, should be included in the village rules and people’s agreement, encouraging everyone to remind each other, and criticizing and educating those who accept the lottery, especially the high-sales gifting. Be turbid and clear, and promote the formation of civilized rural customs.
Hu Yong