1. What are the conditions for returning the bride price?
The return of the bride price needs certain conditions to be realized. Interpretation II of Marriage Law stipulates three kinds of situations in which the bride price can be returned: if the bride price is paid and the two parties have not registered for marriage; Even if both parties have gone through the marriage registration formalities, they have divorced without cohabitation; Paying the bride price before marriage leads to the difficulties of the payer, and it can also be used as a reason to request the return of the bride price when divorced.
2. Do I need to return the bride price after cohabitation and separation?
Marriage registration is one of the legal requirements for the establishment of marriage relationship. However, this does not mean that the legitimate rights and interests of unregistered marriage parties are not protected by law.
If both parties have not gone through the marriage registration formalities, but they have lived together in the name of husband and wife for a short time and are unwilling to continue living together, causing certain losses to the other party, and the other party requests the return of the bride price, the party requesting the bride price shall return it according to the principle of fairness.
If the two parties are not registered to get married, but have lived in the name of husband and wife for a long time, when the man asks the woman to return the bride price after the dissolution of the engagement, he can not unilaterally quote the provisions of Interpretation II of the Marriage Law to judge the woman to return the man's property, but should fully consider the loss suffered by the woman.
3. Who can sue for the bride price?
It should be the parties who file a lawsuit and demand the return of the bride price. For those who are married, the original and defendant who ask for the return of the bride price at the time of divorce are naturally married men and women. In the case of returning the bride price without marriage registration, because in real life, parents often pay the bride price and the other parent accepts the bride price, the parties should also include the parents who entered into the marriage, that is, the litigants of the bride price dispute should include both parents.
Second, what should not be considered as a bride price?
1, a gift from love
Because the law does not clearly define the connotation of bride price, it is controversial in practice. However, according to the usual point of view, the payment of bride price is the pre-procedure for concluding marriage, and its ultimate goal is to conclude marriage. Giving gifts to men and women in love is only a way to maintain their feelings, and it is hard to say that it is for the purpose of marriage. Therefore, gifts given in love do not belong to the nature of bride price and cannot be returned according to the requirements of bride price.
2. Change fee and subscription fee
Gifts from relatives and friends, such as change of mouth fee, subscription fee, etc. In this case, because the woman paid the corresponding consideration through her own behavior, it cannot be counted as a bride price.
In addition, if the bride price money has been used for daily consumption, it will not be refunded, nor will the actual expenses during the wedding. The gift money accepted by both parties when they meet will be treated as a gift, and clothes that have been used for a long time will not be returned.
3. Does the act of defrauding the bride price involve a criminal offence?
Some people get the bride price by cheating, and then run away directly without contacting anyone related to it. These acts may involve the crime of fraud in criminal law.
Fraud is an act of defrauding public and private property with a large amount. Therefore, those suspected of cheating bride price through engagement can be prosecuted for fraud. If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.
Based on the above introduction, the bride price that conforms to the law should be returned after the marriage relationship is not established. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of which bride price needs to be returned. If you have any legal questions about this, please consult the lawyer of Hualv. Com, they will give you professional answers.