Two million betrothal gifts for men before and after their divorce, the two sides went to court

category:Society
 Two million betrothal gifts for men before and after their divorce, the two sides went to court


The court ordered the woman to return 2 million dowry gifts

Mr. Lian, the plaintiff, complained that in 2013 he had established a love relationship with Ms. Ning. In June 2014, the two sides held an engagement ceremony in Handan. During the ceremony, Mr. Lian gave Ms. Fu Ning a red envelope with a deposit book of 2 million yuan and a rental contract. On August 5, 2014, Mr. Lian and Ms. Ning went to the bank to transfer 2 million yuan to Ms. Nings bank account. In September 2014, the two sides disagreed and separated because of the purchase of houses. Mr. Lian now asks Ms. Ning to return the aforementioned bride price.

Ms. Ning, the defendant, argued that in June 2014, Mr. Lian presented only a red bag at the engagement ceremony, but did not show what was in the bag to relatives and friends who attended the engagement ceremony. Only after he arrived home did he see a 2 million yuan passbook and a rental contract of Mr. Lian. Ms. Ning believes that if the betrothal gift is in the form of a bank card or passbook, the household name should be the name of the woman, so the money is not the betrothal gift. Although the money was transferred to Ms. Nings account, it was used for the expenses of living, preparing for the wedding and investing of the two people paid by Ms. Ning in advance, so she did not agree to return it.

After hearing, the court held that Mr. Lian gave Ms. Ning a deposit book of 2 million yuan with Mr. Lians name on the day of the engagement ceremony, and then they transferred the money to Ms. Nings name, which should be considered as a lottery gift.

Since the two parties failed to register for marriage, Mr. Lian asked Ms. Ning to return 2 million yuan, which had factual and legal basis and was supported by the court. Ms. Ning suggested that the money was used for two peoples expenditure rather than gifts, and the court refused to accept it without submitting evidence.

The court ruled that Ms. Ning returned Mr. Lian 2 million yuan.

Judges Interpretation: Lottery gifts should be returned, gifts need not be returned

As for the betrothal gifts involved in the case, the judge in this case said that the engagement is a prior agreement made by both men and women for the purpose of future marriage. The dispute of claiming the betrothal gifts from the other party arising from the dissolution of the engagement belongs to the property dispute of the engagement. According to the interpretation of the Supreme Peoples Court on the application of the Marriage Law of the Peoples Republic of China (2) Article 10 (1), if the parties fail to go through the formalities of marriage registration, the court shall support the parties who request the return of the lottery gifts paid in accordance with the customs.

In this case, Mr. Lian gave Ms. Ning a deposit book of 2 million yuan with Mr. Lians family name on the day of the engagement ceremony, and then they transferred the money to Ms. Nings name, which should be considered as a lottery gift. At the same time, the judge reminded that, first of all, the absence of marriage registration procedures is the basis for the parties to request the return of the bride price. If the marriage registration procedures have been completed, and then the return of the bride price is required, the provisions of the law will no longer apply. Secondly, lottery gifts are gifts and gifts in essence, but they are gifts on the condition of marriage, which is different from gifts given by boyfriends and girlfriends in order to promote feelings and express feelings during love. Therefore, for those who fail to go through the formalities of marriage registration, they may request the other party to return the lottery gifts which are given to the other party on the condition of marriage, but they have no right to ask the other party to return the gifts given during love. Source: Author of New Beijing News: Wang Wei, Editor-in-Charge: Wang Ning_NB12468

In this case, Mr. Lian gave Ms. Ning a deposit book of 2 million yuan with Mr. Lians family name on the day of the engagement ceremony, and then they transferred the money to Ms. Nings name, which should be considered as a lottery gift.

At the same time, the judge reminded that, first of all, the absence of marriage registration procedures is the basis for the parties to request the return of the bride price. If the marriage registration procedures have been completed, and then the return of the bride price is required, the provisions of the law will no longer apply. Secondly, lottery gifts are gifts and gifts in essence, but they are gifts on the condition of marriage, which is different from gifts given by boyfriends and girlfriends in order to promote feelings and express feelings during love. Therefore, for those who fail to go through the formalities of marriage registration, they may request the other party to return the lottery gifts which are given to the other party on the condition of marriage, but they have no right to ask the other party to return the gifts given during love.