Panjin lawyer
Zhongshan lawyer
Changde lawyer
Xuancheng lawyer
Jincheng lawyer
Lawyer Lu' an
Tieling lawyer
Xuzhou lawyer
Liaocheng lawyer
The breakup fee is generated in the process of the dissolution of love, cohabitation, engagement and marriage between men and women, so different personal relationships between men and women naturally have different types of breakup fees. Due to the different types of breakup fees, how should I pay the breakup fees? What is the actual payment method? Please learn more from below.
First, how to pay the breakup fee
At present, China's civil law does not clearly stipulate the breakup fee, and there is no unified approach to the relief of breakup fee disputes in trial practice. There are generally two situations. One is to confirm the legal effect of the breakup fee when trying the dispute case of the breakup fee, and to judge the party who paid the breakup fee to fulfill the obligation to pay the breakup fee. In another case, the legal effect of the breakup fee is not recognized, and the judgment rejects the claim of the party who accepts the breakup fee.
If the court decides that the party who pays the breakup fee will fulfill its obligation to pay the breakup fee, how can the party pay the breakup fee? The way to pay the breakup fee is as follows:
1. When both parties dissolve the relationship of love, cohabitation, engagement and marriage, one party shall immediately pay the other party the breakup fee.
2. Pay the other party's breakup fee in a promised way. Commitment includes promissory note commitment, promissory note commitment, mortgage commitment, etc.
3. When a man and a woman dissolve the relationship of love, cohabitation, engagement and marriage, the two sides negotiate and sign an agreement, clearly stipulating the amount of the breakup fee and the payment period and method.
4. When a man and a woman dissolve the relationship of love, cohabitation, engagement and marriage, they are required to transfer the private creditor's rights, equity and management rights to the other party as a breakup fee.
2. What are the payment methods for the breakup fee?
In real life, there are many ways to pay the breakup fee, mainly as follows:
1, cash
That is, when the two parties dissolve the relationship of love, cohabitation, engagement and marriage, one party immediately pays the breakup fee to the other party. Cash payment is one of the most realistic and enjoyable ways, and most of them won't have the dispute of breakup fee.
2. Commitment.
That is, when the two parties dissolve the relationship of love, cohabitation, engagement and marriage, one party pays the breakup fee to the other in a promised way. Commitment includes promissory note commitment, promissory note commitment, mortgage commitment, etc.
(1) A promissory note means that when a man and a woman dissolve the relationship of love, cohabitation, engagement and marriage, one party issues an iou to the other party and promises to pay the breakup fee to the other party.
(2) IOU commitment means that when a man and a woman dissolve their love, cohabitation, engagement or marriage relationship, one party issues an IOU to the other party and promises to pay the other party's breakup fee by borrowing money or property from the other party.
(3) Mortgage commitment means that when a man and a woman dissolve their relationship of love, cohabitation, engagement and marriage, one party promises to pay the breakup fee to the other party and mortgage its property to the other party as a guarantee for paying the breakup fee.
3. Agreement.
When a man and a woman dissolve the relationship of love, cohabitation, engagement and marriage, the two sides negotiate and sign an agreement, clearly stipulating the amount of breakup fee and the payment period and method. Agreement is the most concrete and comprehensive way for both men and women to set the breakup fee.
4. Transfer of rights.
When a man and a woman dissolve their relationship of love, cohabitation, engagement and marriage, they are required to transfer the personal creditor's rights, equity and management rights of the dissolved party to the other party as a breakup fee. With the maturity of the market circulation field, the way of right transfer is more and more favored by people.
Although the break-up fee is not protected by law, if one party pays it voluntarily, it cannot be demanded to be returned on the grounds that it is not protected by law. As for how men and women who break up pay the breakup fee, it is basically decided through consultation between them, and there is no legal provision. For more relevant knowledge, please consult Yingkou lawyer.
Extended reading:
Does the breakup fee agreement have legal effect?
Is the breakup fee agreement valid?
Can I ask for a breakup fee after breaking up?