Yesterday was February 14. As in previous years, the upper limit of WeChat red envelopes was adjusted from 200 yuan to 520 yuan. Since "520" is a homonym for "I love you", it has become a means of expressing love between lovers.
However, once you break up, can you get this kind of special amount of red envelopes back after breaking up?
Mr. Liu from Sichuan spent more than 60,000 yuan on his girlfriend during his four-month relationship, mainly buying furniture and sending red envelopes.
Later, his girlfriend disliked that the 52 yuan red envelope he sent her on Valentine's Day was too small, and even posted gifts from others, and the two broke up due to conflicts.
Therefore, he sued the court and asked the woman to return more than 60,000 yuan, but he did not get support for returning the red envelope and other expenses... In the end, Mr. Liu only wanted to return 18,000 yuan.
The lawyer said that sending red envelopes to each other during a relationship, especially red envelopes with special amounts such as 520 yuan and 1314 yuan, may be considered to have special meanings and belong to gifts, and they cannot claim to return them when they break up.
For the disposal of large amounts of money or valuable property, you can make a note to explain the true intention and purpose of the transfer, or keep relevant written evidence to avoid future disputes.
□ Case:
Sending 52 yuan in red envelopes is too little for girlfriends
Man sues to pay back money after breakup
Mr. Liu, in his 30s, is from Panzhihua.
At the end of 2021, through a friend's introduction, the divorced Mr. Liu met the also divorced Ms. Zhou. As the relationship gradually developed, the two confirmed their relationship.
Mr. Liu rushed to date Ms. Zhou for the purpose of marriage. To express his love, Mr. Liu also sent Ms. Zhou a WeChat red envelope of several thousand yuan.
During the four months of dating, Mr. Liu transferred a total of more than 60,000 yuan in terms of buying furniture for the new house, buying clothes, and sending red envelopes.
After the Spring Festival last year, the two had conflicts, and Ms. Zhou blocked Mr. Liu's WeChat account.
On February 14 last year, Ms. Zhou pulled Mr. Liu from the WeChat blacklist and asked him to send herself a red envelope.
Mr. Liu sent a 52 yuan red envelope, and Ms. Zhou disliked the amount he sent was too small, and posted gifts from other people.
At this time, Mr. Liu felt that his feelings were cheated, and the two parted ways...
After breaking up, Mr. Liu asked Ms. Zhou to pay back the money, so he went to the police station, but the mediation between the two parties failed.
After trial by the court, it was determined that more than 37,000 yuan was a gift beyond daily communication, while other expenditures such as WeChat red envelopes and clothes purchases were determined by the court to be general gifts or joint consumption expenditures by Mr. Liu to win favor or enhance feelings, and should not be given. return.
The court of first instance ruled that Ms. Zhou returned 30,000 yuan to Mr. Liu.
In this regard, Ms. Zhou refused to accept.
Recently, after mediation by the court of second instance, Ms. Zhou voluntarily paid Mr. Liu 18,000 yuan.
In fact, there are many such love disputes.
The reporter combed through publicly reported cases and found that during the relationship, the two parties sent red envelopes containing special numbers to maintain their relationship, such as "52, 520, 1314", etc., and claiming to return them after breaking up may not be supported by the court.
At the same time, when handling similar cases, the judge will also consider factors such as the income level, consumption level, family income, and whether there is any fault of the party concerned, and comprehensively judge the gift purpose of the donating party to determine whether it should be returned.
Recently, the People's Court of Lucheng District, Wenzhou City, Zhejiang Province concluded a gift contract dispute case.
Xiao Fang and Xiao Liu are lovers, and Xiao Fang always sends "1314" and "5200" to each other, and even hundreds of thousands of yuan.
Within two years, Xiaofang transferred more than 500 transactions to Xiao Liu, totaling more than 1.4 million yuan. Later, the two broke up, and Xiaofang sued the court to demand that the other party pay back the money.
The court held that Xiaofang’s family’s economic level is relatively high, and the numbers “1314” and “5200” themselves have specific meanings, and the money is also suitable for his financial ability, so it should be recognized as a free gift to express love and connect feelings. Not supported.
The 160,000, 100,000, 100,000, 52,000 and other large sums transferred by Xiaofang obviously exceed the financial burden of Xiaofang's expression of love, and can be returned appropriately according to the nature of the bride price.
In the end, the court ordered Xiao Liu to return 400,000 yuan.
□ Lawyer:
What money can I get back after breaking up?
Real intentions can be noted for large transfers
Zhang Tianhong, a lawyer from Sichuan Qianheng Law Firm, said that during a relationship, it is normal for the two parties to transfer red envelopes to each other in order to enhance their relationship. , in the absence of a clear statement, it is usually determined to be a gift between the couple to express love, and it is likely to be regarded as a gift, which cannot be requested to be returned.
The same is true for red envelopes with a clear purpose, which is a kind of gratuitous act in law, and the party receiving the red envelopes does not need to fulfill the obligation of repayment.
Lawyer Zhang Tianhong reminded that it is normal for couples to give money gifts to each other during their passionate love period, but when dealing with large amounts of money or valuables, they should maintain the necessary sobriety and reason, and be cautious, and pay special attention to preserving evidence to prove the true expression, which can be noted Explain the true intention and purpose of the transfer, or keep relevant written vouchers (such as IOUs, chat records, transfer vouchers, etc.), so as to avoid economic disputes without evidence in the event of disputes in the future.
Chengdu Commercial Daily-Red Star News reporter Jiang Long