Keep the relationship red, break up and don't return.
Xiaoxue and Xiaowen were originally a couple after 00, and their family circumstances were good. In order to express love during love, Xiaowen often gives Xiaoxue small gifts. They go out shopping for dinner, but also pay for themselves. On holidays, anniversaries, Xiaoxue's birthday and other special days, Xiaowen also transferred 520 yuan, 13 14 yuan to Xiaoxue through WeChat, and Xiaoxue collected it, totaling 10000 yuan.
However, the good times did not last long, and the two young people broke up because of the deterioration of their feelings. Subsequently, Xiaowen asked Xiaoxue to refund the transfer money 1000 yuan and share the meal fee of 3,000 yuan, which was rejected by Xiaoxue.
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This case involves a legal gift. Gift is the act that the donor gives his property to the donee for free, and the donee expresses acceptance, which belongs to one of the ways of property ownership transfer.
Gifts can be divided into general gifts (free gifts) and conditional gifts.
Small gifts or property and daily consumption expenses paid during love should be regarded as necessary expenses to maintain feelings, which are free gifts and should not be required to be returned. This has been recognized in judicial practice.
For special or auspicious digital transfers, send WeChat red envelopes, etc. On special days, and the amount is not very large, according to life experience, it should be inferred that the true meaning of the giver is to express blessing and love, based on emotion, or to enhance and consolidate the feelings of both sides. This is also a general gift based on love relationship, not a conditional gift based on the purpose of marriage.
In this case, Xiaowen gave a small gift and a red envelope, which is a general gift. After Xiaoxue received it, the property right has been transferred, and there is no legal situation that the gift can be revoked. Therefore, Xiaowen asked Xiaoxue to refund the money and share the meal expenses.
If the marriage is "yellow", the man has the right to demand the return of the bride price.
Get engaged after being with Cao 1 year. On the day of engagement, the Cao family gave a gift of 88,888 yuan and some decorations. Unexpectedly, after the relationship between the two sides went wrong, Cao broke up and asked Pearl Krabs to return the bride price.
Pearl Krabs said that according to local customs, if the man dumped the woman, the woman's family did not have to return the bride price; If the woman dumps the man, her family must return the bride price and pay the bank interest for the same period, so she has the right not to return the bride price.
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The bride price refers to the bride price and betrothal gift given by one party to the other party when the marriage agreement is initially reached. The common types of bride price are lucky money, gold and silver jewelry, home appliance garage and so on.
Article 10 of the Civil Code stipulates: "Civil disputes shall be handled in accordance with the law; If there are no provisions in the law, customs can be applied, but they must not violate public order and good customs. " In other words, when there is no legal basis to deal with relevant civil disputes, it can be based on folk customs and habits. As for whether the bride should return the bride price after divorce, the law has specific provisions, so it cannot be handled according to local customs.
Article 5 of the Supreme People's Court's Interpretation on the Application of Marriage and Family Organization (I) stipulates that if both parties fail to go through the marriage registration formalities and the man requests to return the bride price paid according to the custom, the court shall support it. In other words, the bride price paid by the man is a conditional gift for the purpose of future marriage. Therefore, it is legal for Cao to ask Pearl Krabs to return the bride price.
In addition, those who pay a lot of money in the process of marriage and love, such as giving expensive gifts such as watches, vehicles and even real estate, or as material help to each other, are generally considered as conditional gifts, that is, payments for the purpose of marriage, or even as bride price. When both parties finally fail to register for marriage, the gift has no legal effect, and the donor can ask for it back. Of course, many such cases have been recognized by the court as general gifts. Whether it is a conditional gift or a general gift depends on the evidence provided by both parties.
If you break up after living together for a certain period of time, you can return part of the bride price.
Shen (the man) and Tang held an engagement ceremony after being friends for a year. According to custom, Shen gave Tang an engagement gift of 65,438+600,000 yuan.
Shortly after their engagement, the two moved in together. During this period, the two sides discussed the marriage. Shen transferred 10000 yuan to Tang through WeChat to let him buy clothes. Later, due to contradictions such as trivial matters and personality differences, the relationship gradually deteriorated. After living together for one year, Shen proposed to dissolve the engagement and asked Tang to return the bride price of 1.6 million yuan and the purchase price of 1.0 million yuan, but Tang did not agree to return it in full.
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In judicial practice, the following three principles should be adhered to in dealing with the return of bride price and huge property disputes caused by unsuccessful marriage:
First, the principle of fault. When the marriage fails due to the fault of one party, the responsibility of the wrong party should be considered when returning the bride price.
The second is to comprehensively analyze various situations, such as the expenses of the woman in the process of engagement, the energy and property that the woman has paid to prepare for marriage, whether the two sides have lived together for a long time, whether they have held a wedding, etc.
The third is the limited relief principle, that is, discretionary return.
If Shen sued the court, he defended himself from the above aspects and advocated that only part of the bride price should be returned. As for the 1 ten thousand yuan that Shen transferred to Tang for buying clothes, it belongs to the general gift nature and will not be returned.