Civil and commercial perspective... Can marriage property be returned?
Published:
2022-03-01
Marriage Property Overview Marriage property generally refers to both men and women in love during the property. The property involved mainly includes voluntary gifts (including gifts from close relatives) and bride price. Voluntary gifts of property are generally recognized as gifts if they do not exceed the scope of daily interactions. When the relationship is terminated, the donor's request for return is generally not supported. If the parties request the return of the bride price paid in accordance with the custom, whether the return can not be generalized, but should be analyzed according to the specific situation. First of all, the property that one party voluntarily gives (including close relatives) to the other party is generally not returned. For the property that one party voluntarily gives to the other party during the love period and does not exceed the scope of daily communication, in the absence of evidence to the contrary, it will generally be regarded as a gift for the purpose of promoting feelings. According to article 657 of the the People's Republic of China Civil Code, "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. If one party sues to ask the other party to return the donated property, the court will comprehensively consider the love relationship between the two parties, the size of the amount of property, human relations and other factors, presuming whether it is a gift, so as to deal with it in accordance with the relevant laws. If the gift during the love period is for the purpose of promoting the relationship, rather than for the purpose of concluding a marriage, if the party requests to revoke the gift and exercise the right of arbitrary revocation, the court will generally not revoke it if there is no legal right of revocation. Secondly, the question of whether the dowry paid in accordance with custom should be returned. In the case of bride price, which, according to custom, is paid for the purpose of concluding a marriage, is specifically provided for in the judicial interpretation of the the People's Republic of China Civil Code on marriage and family, which is now analyzed in the light of trial practice as follows: 1. If both men and women have not gone through the marriage registration procedures, and one party requests the return of the bride price, the people's court shall support it. 2. If the two parties go through the marriage registration procedures but do not live together, if one party requests the return of the bride price, the people's court shall support it. 3. If one party requests the return of the bride price if the payment before marriage causes difficulties in life, the people's court shall support it. 4. For those who have not gone through the marriage registration formalities but have lived together and given birth to children, it is not necessary to return the bride price. Whether to return the bride price and how much should be returned should be judged according to the specific circumstances of the case. In the trial practice, the common living conditions of both parties should be considered as appropriate, and the return request should be partially supported or not supported. How to identify "living together" should be combined with local customs, the place where the two sides live, whether their daily life is integrated, whether they help each other economically, whether they comfort each other spiritually, and whether they have formed a legal relationship of mutual support. At the same time, the following factors will also be referred to:(1) the length of time the two parties have lived together;(2) the reasons for not registering the marriage;(3) the amount of the bride price;(4) the actual use of the bride price:(5) the woman's pregnancy and childbirth;(6) the impact of the public announcement effect of engagement or living together on the social evaluation of the two parties;(7) local customs;(8) Other common affairs of both parties. The author thinks When dealing with such disputes between men and women and their relatives, it is important to distinguish whether it is a gift of general property or a bride price. For the property paid for the promotion of feelings, if it does not exceed the scope of daily human relations, in the absence of evidence to the contrary, the donor shall generally not ask the other party to return it. For the bride price, it is necessary to determine whether to return it and the specific amount to be returned, taking into account the provisions of Article 5 of the Judicial Interpretation of the the People's Republic of China Civil Code on Marriage and Family and the actual local situation. Relevant Articles 1. Article 157 of the the People's Republic of China Civil Code stipulates: "After a civil legal act is invalid, revoked or determined not to be effective, the property acquired by the perpetrator as a result of the act shall be returned. The party at fault shall compensate the other party for the losses suffered as a result; if all parties are at fault, they shall bear the corresponding responsibility. Where the law provides otherwise, it shall be in accordance with its provisions." Article 158 of the the People's Republic of China Civil Code states: "Civil juristic acts may be subject to conditions, except where, by their nature, they may not be. A civil law act with conditions for entry into force shall take effect when the conditions are fulfilled. A civil juristic act with a condition of discharge shall cease to be valid when the condition is fulfilled. 2. Article 5 of the Interpretation I of Marriage and Family stipulates: "If the parties request the return of the dowry paid in accordance with the custom, the people's court shall support it if it is found that it belongs to the following circumstances: (1) the two parties have not gone through the marriage registration formalities; the (II) parties have gone through the marriage registration procedures but have not lived together; (III) pre-marital payment and causing difficulties for the payer.
Marriage Property Overview
Marriage property generally refers to both men and women in love during the property. The property involved mainly includes voluntary gifts (including gifts from close relatives) and bride price. Voluntary gifts of property are generally recognized as gifts if they do not exceed the scope of daily interactions. When the relationship is terminated, the donor's request for return is generally not supported. If the parties request the return of the bride price paid in accordance with the custom, whether the return can not be generalized, but should be analyzed according to the specific situation.
First of all, the property that one party voluntarily gives (including close relatives) to the other party is generally not returned.
For the property that one party voluntarily gives to the other party during the love period and does not exceed the scope of daily communication, in the absence of evidence to the contrary, it will generally be regarded as a gift for the purpose of promoting feelings. According to article 657 of the the People's Republic of China Civil Code, "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. If one party sues to ask the other party to return the donated property, the court will comprehensively consider the love relationship between the two parties, the size of the amount of property, human relations and other factors, presuming whether it is a gift, so as to deal with it in accordance with the relevant laws. If the gift during the love period is for the purpose of promoting the relationship, rather than for the purpose of concluding a marriage, if the party requests to revoke the gift and exercise the right of arbitrary revocation, the court will generally not revoke it if there is no legal right of revocation.
Secondly, the question of whether the dowry paid in accordance with custom should be returned.
In the case of bride price, which, according to custom, is paid for the purpose of concluding a marriage, is specifically provided for in the judicial interpretation of the the People's Republic of China Civil Code on marriage and family, which is now analyzed in the light of trial practice as follows:
1. If both men and women have not gone through the marriage registration procedures, and one party requests the return of the bride price, the people's court shall support it.
2. If the two parties go through the marriage registration procedures but do not live together, if one party requests the return of the bride price, the people's court shall support it.
3. If one party requests the return of the bride price if the payment before marriage causes difficulties in life, the people's court shall support it.
4. For those who have not gone through the marriage registration formalities but have lived together and given birth to children, it is not necessary to return the bride price. Whether to return the bride price and how much should be returned should be judged according to the specific circumstances of the case.
In the trial practice, the common living conditions of both parties should be considered as appropriate, and the return request should be partially supported or not supported. How to identify "living together" should be combined with local customs, the place where the two sides live, whether their daily life is integrated, whether they help each other economically, whether they comfort each other spiritually, and whether they have formed a legal relationship of mutual support. At the same time, the following factors will also be referred to:(1) the length of time the two parties have lived together;(2) the reasons for not registering the marriage;(3) the amount of the bride price;(4) the actual use of the bride price:(5) the woman's pregnancy and childbirth;(6) the impact of the public announcement effect of engagement or living together on the social evaluation of the two parties;(7) local customs;(8) Other common affairs of both parties.
The author thinks
When dealing with such disputes between men and women and their relatives, it is important to distinguish whether it is a gift of general property or a bride price. For the property paid for the promotion of feelings, if it does not exceed the scope of daily human relations, in the absence of evidence to the contrary, the donor shall generally not ask the other party to return it. For the bride price, it is necessary to determine whether to return it and the specific amount to be returned, taking into account the provisions of Article 5 of the Judicial Interpretation of the the People's Republic of China Civil Code on Marriage and Family and the actual local situation.
Relevant Articles
Article 157 of the the People's Republic of China Civil Code"After a civil juristic act is invalid, revoked or determined to be ineffective, the property acquired by the perpetrator as a result of the act shall be returned; if the return cannot be made or is not necessary, compensation shall be made at a discount. The party at fault shall compensate the other party for the losses suffered as a result; if all parties are at fault, they shall bear corresponding liabilities. If the law provides otherwise, it shall be in accordance with its provisions."
Article 158 of the the People's Republic of China Civil Code states:"Civil juristic acts may be subject to conditions, except where, by their nature, they may not be subject to conditions. Civil law acts with conditions for entry into force shall take effect when the conditions are fulfilled. A civil juristic act with a condition of discharge shall cease to be valid when the condition is fulfilled.
2. Article 5 of the Interpretation I of Marriage and Family stipulates:"Where a party requests the return of a dowry paid in accordance with custom, the people's court shall support it if it is found that: (1) the two parties have not gone through the marriage registration procedures; the (II) parties have gone through the marriage registration procedures but have not lived together; (III) pre-marital payment and cause difficulties for the payer.
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