1 Gift behavior for the purpose of marriage
Gift for the purpose of marriage refers to the act of one party giving property to the other party in order to conclude a marriage relationship. Life mainly includes bride price for marriage and diamond ring for engagement, which is a legal act with conditions for dissolution in legal nature. When the donator of the above-mentioned gift behavior implements the gift bride price or diamond ring behavior, it is often impossible for the parties to have a written or even oral gift contract, let alone clearly express the termination conditions in the gift behavior. In fact, the above-mentioned gift behavior is accompanied by dissolution conditions (decision not to get married or dissolve the marriage relationship under certain conditions), which is the result of an objective explanation of the will of the parties in combination with social good customs. The above-mentioned gift for the purpose of marriage can be returned by the donor under certain circumstances due to the conditions of dissolution.
Case:
When in love, the woman Xiao Wang promised Zhang that if he wanted to get married, he would first give himself a car as a means of transportation. After marriage, he will buy a wedding room in Xuhui District, Shanghai in the name of both parties. After Xiao Wang gave his girlfriend Xiao Wang a Mercedes-Benz worth 1.5 million yuan, Xiao Wang was unwilling to fall in love with Xiao Zhang and proposed to break up. After breaking up, Xiao Zhang asked Xiao Wang to return the vehicle, but Xiao Wang ignored it, and the two sides fought for Mercedes-Benz.
Little Chinese fir has something to say:
In this case, the gifts given by both parties during the period of love, once given, are generally not refundable. However, Mercedes-Benz cars are expensive, and the gift giver Xiao Zhang aims at getting married, so if the two parties fail to get married in the end, Xiao Wang, as the recipient, should return the gift money.
2 General gift behavior
In the process of love, in order to express love and enhance feelings, one party gives the other party property or buys personal items for the other party, which belongs to the general gift behavior in love. Whether the gift can be returned shall be governed by the general provisions of the contract law on gift contracts. Article 186 of China's Contract Law stipulates that the donor has the right to revoke the donated property at will before the right is transferred. Article 23 of the Property Law stipulates that the transfer of ownership of movable property shall be conditional on delivery. The above-mentioned general gift behavior, because the intention of the parties is true, the delivery of the subject matter is completed, and the ownership of the donated property has been transferred. When there is no defect in the gift, the donor has no right to ask the donee to return it.
In general gift, if the property is large in quantity and value, or if the life of the party who lost the property is difficult due to gift or other expenses, the other party may be required to return it in whole or in part. If the gift has been damaged and does not exist, it can be compensated at a discount.
Case:
In the above cases, it can be seen from the materials provided by Xiao Zhang that on special days, such as May 20th, Valentine's Day, Tanabata and other festivals, Xiao Wang was given a special amount of red envelopes or transfers, such as "520", "13 14" and "999". After breaking up, Xiao Zhang advocated that Xiao Wang return the transfer amount of more than 26,000 yuan.
Little Chinese fir has something to say:
During the existence of the love relationship, Xiao Zhang paid money to Xiao through WeChat transfer and Alipay on special days many times, which is essentially a gift behavior of Xiao Zhang to enhance the feelings of both parties and maintain the love relationship. The gift contract relationship between the two parties is the true expression of the two parties, which does not violate the legal provisions, is legal and effective, and is legally binding on both parties. Xiao Zhang gave Xiao Wang money many times, and Xiao Wang accepted it. The gift contract between the two parties has been actually fulfilled, and the amount of the gift is within a certain reasonable limit, which is also in line with social communication habits and daily life experience. Therefore, there is a legal basis for Xiao Wang to obtain the money paid by Xiao Zhang. In addition, Xiao can't prove that the distribution of red envelopes is based on the purpose of marriage, so it is impossible to ask Xiao Wang to return more than 26,000 yuan.
In our country, the marriage law does not protect the love relationship and engagement, and the dissolution of engagement and the breakup of love are also the free rights of both parties. However, if there is a property dispute when the engagement is dissolved or the love relationship is interrupted, if the money donated by one party to the other party is restoration fee, medical expenses, pension, etc. , should be returned in whole or in large part; In addition, if you cheat money in the name of engagement or love. If the circumstances are minor, the property shall be returned; if the circumstances are serious and may constitute a crime, criminal responsibility shall be investigated according to law.
Finally, Xiao Shan wants to tell men and women in love that economic exchanges during love are frequent and random, and it is difficult to identify economic disputes once they occur. Couples should not use money as the only yardstick to measure each other's feelings, and promote and stabilize their love relationship within the scope of economic conditions. What can really make both sides go on for a long time is the intention and intimacy of both sides.