1. If there is a dispute over whether the return of the betrothal gifts should conform to the legal circumstances, the focus of the dispute is whether there are legal circumstances for the return of the betrothal gifts, and the party claiming the return shall bear the burden of proof.
2. If there is a dispute over the amount of the betrothal gifts, the focus of the dispute is the actual amount of the betrothal gifts. Each party shall bear the burden of proof on its own assertion.
2、 How to determine the amount of returned betrothal gifts
1. Which party proposes to terminate the personal relationship. According to the principle of public order and good customs in the civil law, it is proposed that the party who rescinds the personal relationship should generally bear moral flaws. Therefore, if the South proposes to rescind the engagement, the judge should appropriately reduce the amount of return, and if the woman proposes, it should support the return more;
2. The length of marriage of both parties. Generally speaking, the longer the marriage lasts, the greater the constraints of marriage and family on both men and women. If both parties have been married for a long time, the amount of returned betrothal gifts should be lower as appropriate, otherwise, it should be more than the amount returned;
3. Have children. Generally speaking, if children are born, the return will be reduced; If there is no child, the return will be increased;
4. Use of property. The use of property is highlighted here. As far as the trial practice of the author is concerned, in the disputes over the return of betrothal gifts, most women refuse to return the betrothal gifts on the ground that they have been used in the common life of both parties. This argument is also reasonable. If both men and women actually spend the bride price in common life, the amount of return should be appropriately reduced. However, in judicial practice, the party holding the bride price has too high requirements for the ability to provide evidence, and generally cannot provide evidence for family expenditure. In this regard, whether the burden of proof of the bride price holder should be reduced is another issue worthy of discussion;
5. Economic conditions of both parties and local economic development. In combination with the local economic development, the party with slight economic difficulties should be given proper consideration, and the party with superior economy should make concessions as appropriate.
2. If there is a dispute over the amount of the betrothal gifts, the focus of the dispute is the actual amount of the betrothal gifts. Each party shall bear the burden of proof on its own assertion. If you have any questions, please consult with your lawyer on this website.
