20/KLOC-In July, 2004, a man named Li and a woman named Xiao Fang met through a dating website. After they established a love relationship, their relationship was very stable. 20 15 10, Li spent more than 300,000 yuan on a BMW to please his girlfriend Xiao Fang. After the successful purchase of the car, careful Li also paid the vehicle purchase tax and insurance for the car and registered the car under the name of Xiaofang. 2065438+July 2006, Li officially broke up and sent a message to the defendant Xiao Fang saying: "We are not suitable; The car will send you; I suggest you sell it; Buy a cheaper one; Save more money "and so on. Not long after the breakup, Li asked Xiao Fang to return the BMW, but it was rejected.
After unsuccessful negotiation, Li took Xiao Fang to court. Li Moumou believes that from acquaintance to breakup, they bought their girlfriends big-name bags, diamond rings and watches worth 65,438+10,000 yuan, and also bought a BMW with their girlfriends. Li also believes that in the process of their love, he went to associate with Xiao Fang in the spirit of marriage, but he didn't expect that Xiao Fang paid his heart and just regarded himself as an ATM.
On June 65438+ 10/0 this year, the case was heard in Jiangxia District Court. On the day of the trial, the man did not appear in court, and the woman Xiao Fang argued in court that the BMW was given to her by her ex-boyfriend Li Moumou, and she did not cheat her boyfriend into buying it for herself, so the car should not be returned. The man's attorney believes that the two did not actually go through the marriage registration formalities and the woman did not marry the man, so the woman should return the bride price.
Today, the reporter was informed that the Jiangxia District Court held that the focus of the dispute between the two sides was whether the vehicles involved should be returned. In this case, the BMW was purchased by the plaintiff Li Man, registered under the name of his girlfriend Xiao Fang, and actually possessed and used by Xiao Fang. In addition, the plaintiff Li Moumou said in WeChat that the vehicle had been given to Xiaofang, and the donation contract between the two parties was established and came into effect. The ownership of the vehicle involved in this case has been transferred, and Xiaofang enjoys the ownership, which was legally owned when he occupied the vehicle. In addition, Li's request for Xiao Fang to return the BMW car must comply with the statutory revocation of the gift, that is, it has seriously infringed on the donor or the donor's close relatives, and failed to fulfill the obligations stipulated in the gift contract because of the obligation to support the donor, but the plaintiff Li has no evidence to prove the above situation. Li claimed that the BMW given to Xiao Fang during the period of love was a conditional gift, that is, for the purpose of marriage, but the plaintiff Li did not provide evidence to prove his claim. The bride price is generally based on local customs, and the amount of property given to the woman for the purpose of concluding a marriage relationship. In this case, the vehicle given to Xiao Fang by Li did not conform to the nature of the bride price and could not be considered as a bride price. In summary, the court rejected Li's claim.