The "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases involving Disputes over Betrothal Gifts", also known as the "New Rules on Betrothal Gifts", came into effect on February 1 this year. Recently, the Beijing No. 1 Intermediate People's Court Two dispute cases were heard in which the "new rules on bride price" were applied.
Mr. Jia and Ms. Yang met and fell in love through a commercial dating website.
At the beginning of their relationship, Mr. Jia bought Ms. Yang a mobile phone worth more than 9,000 yuan. On the special day of May 20, he also bought jewelry worth tens of thousands of yuan for Ms. Yang.
During their relationship, Mr. Jia and Ms. Yang began to live together from time to time.
During this period, 40,000 yuan was transferred to Ms. Yang several times.
When discussing marriage, Mr. Jia agreed to give Ms. Yang a gift of 500,000 yuan and transferred 150,000 yuan to Ms. Yang.
Half a year later, the two broke up due to personality issues.
Judge Liang Rui of the Beijing No. 1 Intermediate People's Court: The two of them did not register their marriage, did not hold a wedding, and lived together for a very short time. They lived together one after another, and they did not have any children.
After the breakup, Mr. Jia believed that the mobile phone, jewelry and 150,000 yuan transfer he bought for Ms. Yang were gifts and demanded that they be returned in full.
Ms. Yang believed that these were voluntary gifts from Mr. Jia and did not agree to return them.
After the trial, the court held that the mobile phone purchased by Mr. Jia for Ms. Yang, the jewelry purchased on May 20, and the 40,000 yuan transferred to Ms. Yang for daily consumption expenses in order to enhance the relationship between the two parties, according to the Supreme People's Court The "New Rules on Betrothal Gifts" are not "betrothal gifts" and the judgment does not need to be returned.
Article 3 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Betrothal Disputes" stipulates:
Property paid under the following circumstances does not constitute betrothal gift:
(1) Gifts and gifts of small value given by one party on special commemorative occasions such as festivals, birthdays, etc.;
(2) Daily consumption expenses incurred by one party to express or enhance feelings;
(3) Other property of little value.
As for the 150,000 yuan transferred by Mr. Jia to Ms. Yang, the court finally determined that it was a betrothal gift and ordered that Ms. Yang should return all of it.
Judge Liang Rui of the Beijing No. 1 Intermediate People's Court: For 150,000 yuan, because the two parties had communicated the amount of the betrothal gift, the payment time was also after the two parties communicated the amount of the betrothal gift, and both parties had clearly recognized it as a betrothal gift in the chat records. Then we believe that this 150,000 yuan can be considered as part of the betrothal gift agreed by both parties.
The return of betrothal gifts must take into account the circumstances of living together and pregnancy, etc.
The judge said that the return of the bride price is a complex issue, involving multiple factors such as whether the man and woman have registered their marriage, whether they have lived together, whether they have conceived children, etc. It must also be comprehensively considered in conjunction with local customs, local living standards and other factors. The purpose is to Try to ensure the balance of interests of both parties to the greatest extent possible.
What are the specific provisions of the "New Rules on Betrothal Gifts"?
Article 5 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Betrothal Disputes" stipulates:
The two parties have registered their marriage and are living together. If one party requests the return of the bride price paid according to customs during divorce, the people's court will generally not support it.
However, if the time of living together is short and the amount of the betrothal gift is too high, the people's court can determine whether to return the betrothal gift based on the actual use of the betrothal gift and the dowry situation, comprehensively considering the amount of the betrothal gift, the circumstances of living together and pregnancy, the fault of both parties, and other facts, and taking into account local customs. The specific proportion of return.
So if the two parties have not registered their marriage but are already living together, how should the bride price be handled?
The judge introduced that according to the "New Regulations on Betrothal Gifts", in this case, the people's court must make a determination based on the actual use of the betrothal gift and the dowry situation, as well as comprehensive consideration of the joint life and pregnancy, the fault of both parties, and other facts.
Another case they tried was this. After Xiao Zhang and Xiao Fang lived together for two years, they held a wedding in Xiao Zhang’s rural hometown. However, the two did not register their marriage. According to the pre-marriage gift agreement, Xiao Zhang The mother transferred 100,000 yuan to Xiaofang by borrowing money from relatives and friends.
Half a year later, the two broke up due to conflicts over the purchase of a house, and they did not have children.
The court finally ordered the woman to return part of the man’s bride price.
Judge Liang Rui of Beijing No. 1 Intermediate People's Court: In this case, we will consider it as appropriate. One is that the amount is relatively large. The man's family is from a rural area, and in order to pay the bride price, he borrowed money from relatives and friends many times, which puts pressure on his family. If it is relatively large, we will refund 50,000 yuan at our discretion.
(CCTV reporter Ji Chenghai and Wei Bangjun)