For example, in the case mentioned in the article, one of the criminals may be convicted of theft and imprisoned. In reality, it is similar, but it can be handled according to the amount and the seriousness of the plot.
We define the property ownership when living together in love as the following eight categories:
1. The income or property of one party after cohabitation shall, in principle, be owned by the other party. However, if the other party provides financial assistance to the party who obtained the property, or has assisted labor and provided life assistance in the process of obtaining the property, the income or property is average. According to the role of the parties in obtaining property, different shares can be determined. ?
2. After cohabitation, the property purchased by * * * belongs to the party concerned * * *; If it is obtained in the form of shares, it can be considered as being obtained in the form of shares. ?
3. Income or property during separation after cohabitation shall be owned by both parties.
4. The agreed property after cohabitation shall be handled according to the agreement. ?
5. Property acquired through personal relationship belongs to the parties concerned. ?
6. The property acquired by derivative instruments belongs to the derivative instrument acquirer. However, the original capital owner should be the property owner of the property obtained through transaction, reciprocity and gambling. ?
7. Property owned by individuals or whose ownership is unknown is presumed to be owned by * * *. ?
8. Creditor's rights and debts caused by * * * are the same as those caused by * * *. Those who can determine the share shall enjoy and bear it according to the share. The debts arising from raising children of the same age are debts of the same age, and the debts arising from raising their respective children are personal debts of the debtor.
By defining the ownership of property, it is easy to judge whether any party's behavior is illegal when there is a dispute between the two parties. At the same time, we also need to pay attention to one problem. Both parties in love and cohabitation have the right to deal with the same finance, and they also need to bear considerable responsibility for the debts owed by the two owners. This shows that legal rights and obligations are equivalent.
In fact, among the items owned by men and women in love, the most difficult thing to determine is the items given to each other by both parties because of their love relationship. How to deal with these items, whether it is legal or not is the key. We roughly divide these projects into three categories:
The first category is relatively common small gifts, such as flowers, clothes, souvenirs and so on. From the perspective of money, the value is not great, mainly reflected in the commemorative significance. This kind of gift is usually considered as an unconditional gift. Once it is given to the other party, the ownership is transferred. The receiver of such goods can decide to dispose of the goods provided by the other party at its own discretion. Even if it is changed, it is not illegal.
Because legally speaking, the law does not support asking for this expenditure. Of course, if the expenditure is advocated by both men and women through consensus, the law will not stop it.
The second category is consumer expenditure. During the period of men and women traveling, eating, traveling and staying in hotels often generate a sum of consumption. If men and women want to recover this consumption after breaking up, the law is not without support. Because no matter who pays, both men and women are involved in this consumption, and it is uncertain who is more or less. Some people may think that AA can be refunded. It is feasible to negotiate AA system privately, but from the legal point of view, this kind of consumption behavior belongs to consumer consumption, and the payer should bear all the responsibilities if he voluntarily pays the money.
The third category is gifts with a large amount. This kind of gifts is large, and both men and women may give each other gifts on the premise of marriage, such as some expensive jewelry, cars and so on.
Article 657 of the Civil Code stipulates that a gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift. At the same time, article 658 also stipulates that the donor may revoke the gift before the right to donate the property is transferred. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or notarized gift contracts.
1. If on some special days, couples make special large transfers to express their love, such as the gift of 520, 13 14, it is just a general gift.
Generally speaking, gift means that the donor loves you and gives his property to the donee for free, and the donee accepts the gift contract. Therefore, when the relevant donation behavior is completed, the donor cannot ask the other party to repay it. This is the determination that after breaking up, you can't ask the other party to repay the property exchanges during your love.
2. If it is a loan transfer, you can ask for a refund after breaking up. If one party borrows money from the other party due to illness, play, business situation, etc. , it belongs to this kind. However, according to the provisions of China's Civil Procedure Law, "whoever advocates the proof" means that if you want to advocate the other party to return the money to you, you must provide evidence: for example, the transfer record, the nature and purpose of this transfer, are all provided by the proponent.
3. Then there is another situation, such as the house and car given during love. Generally, this kind of gift has additional conditions, that is, both parties finally enter the marriage hall. Therefore, gifts such as houses and cars can be returned if they are not registered or notarized.
Article 659 of the Civil Code Contract If the donated property needs to go through registration or other formalities according to law, it shall go through the relevant formalities. If you don't go through the relevant formalities, then the house and car don't really belong to you.
To sum up, we expound the ownership from three aspects: the original personal items of men and women in love, the items owned by both parties after living together, and the items donated by both parties during love. I hope it will help the division of financial quotient between men and women in love.