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Is there any refund of bride price after divorce less than half a year after marriage?

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Is there any refund of bride price after divorce less than half a year after marriage?


        

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  • 2024-06-22 13:01:43

    With regard to how to deal with disputes over betrothal gifts, Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) (hereinafter referred to as the Interpretation of the Marriage Law (II)) stipulates: "If a party requests to return the betrothal gifts paid according to custom, the people's court shall support it if it is found that the following circumstances exist:
    (1) Where the two parties have not gone through the formalities of marriage registration, (2) where the two parties have gone through the formalities of marriage registration but have not yet lived together, (3) where the pre marital payment has resulted in living difficulties for the payer. The application of the provisions of sub paragraphs (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. " At the same time, we should also pay attention to the following issues in the disputes over betrothal gifts.
    1. When resolving disputes over betrothal gifts, the main basis for deciding whether to return betrothal gifts is whether the parties have entered into a marriage relationship. In principle, the betrothal gifts shall be returned if no marriage relationship is concluded after the payment of betrothal gifts.
    2. If betrothal gifts are paid before marriage, divorce must be taken as the prerequisite to consider supporting the return request. If, after the payment of the betrothal gifts, the payor requests the return of the betrothal gifts during the duration of the marriage relationship, it will not be supported, because at this time, the husband and wife are still a community and follow the legal property co ownership system of husband and wife. If the party concerned puts forward the request for divorce in the divorce proceedings, the court can make a request according to the situation whether to support the request for return of betrothal gifts. If the divorce is not allowed, the party concerned cannot support the request for return of betrothal gifts.
    3. It must be that the local custom of giving betrothal gifts before marriage does exist. Generally speaking, the bride price problem exists in a large number in the vast rural areas and economically underdeveloped areas of our country. People welcome and marry each other, mostly according to folk customs and customs. If there is no such custom in the local area, there is no question of paying betrothal gifts. How to deal with the property that cannot be identified as betrothal gifts and belongs to the intercourse between men and women should be handled by the court according to the specific situation and nature.
    4. It is necessary to distinguish the subjective will of the parties when the betrothal gifts are paid. Generally speaking, the payment of betrothal gifts is often forced by the local market and social pressure. It is a general gift if the payment is completely voluntary and without any additional conditions. If there are no special provisions, the request for returning the betrothal gifts is usually not supported.
    5. After the payment of the betrothal gifts, the marriage registration was handled, but the two parties did not live together. The request for returning the betrothal gifts should be supported. After the two parties registered for marriage, if they have not lived together all the time, there will be no experience of helping each other and living together. In essence, the real life together has not yet begun.
    6. The subject of payment and acceptance of betrothal gifts should be interpreted broadly. In practice, the payment of betrothal gifts is not simply a matter between men and women, but often involves exchanges between two families. The giver and receiver of betrothal gifts should be understood in a broad sense, not only limited to the men and women who are preparing to enter into a marriage relationship, but also including their relatives. In real life, the betrothal gifts are often paid to the wife's family. It is seldom used for marriage. The betrothal gifts are paid by the whole family with common property, or even by the whole family raising debts. Considering these specific circumstances, if the subject of the payer and the subject of the receiver are interpreted restrictively, it is not conducive to the proper settlement of such disputes.
    7. Premarital payment leads to the living difficulties of the payer. This is a special case of return of betrothal gifts. There are absolute and relative difficulties in life. The absolute difficulty is that they can no longer live on their own to maintain the most basic living standard in the local area. The relative difficulty caused by the payment of betrothal gifts is very different before and after life. Compared with the original living conditions, it has become difficult. The original intention of judicial interpretation is to stipulate in the former sense, that is, absolute difficulty.
    8. The limitation of action applicable to the return of betrothal gifts. The return of betrothal gifts is applicable to the ordinary limitation of action, that is, two years. According to the General Principles of the Civil Law, the limitation of action starts from the date when the party knows or should know about the infringement of rights. Therefore, the beginning of such disputes can be divided into the following situations: if the two parties have not entered into a marriage relationship, the payer should timely perform his rights and claim his rights from the other party. If the other party refuses to return, the limitation of action begins to count. If both parties register to marry, the payer should know that his rights have been violated from the date of dissolution of the marriage relationship, and the limitation of action begins to count.

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