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How to identify the fraudulent marriage

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How to identify the fraudulent marriage


        

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  • 2024-06-27 12:00:59

    Fraudulent marriage is actually one of the crimes of fraud, that is, the act of cheating the other party of a certain amount of property in the name of marriage. In practice, to judge whether it is fraudulent marriage, we should first see whether the two parties are married, and then see whether the other party cheated a certain amount of property. It can be identified from the following aspects:
    1. In terms of time, the subjective intention of obtaining money by marriage occurred before marriage.
    2. In terms of behavior, he used the method of fabricating facts and concealing the truth to cheat the victims' trust. After obtaining property by deception, the perpetrator will use the property for personal consumption.
    3. As for the ownership of the money defrauded, the property defrauded is the premarital property of one party or the property of other people related to the victim, not the common property of both "husband and wife" after the establishment of the marriage relationship. In case of fraudulent marriage, you can claim to return the betrothal gifts. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (2) Article 10 stipulates that the people's court shall support a party's request for the return of the betrothal gifts paid according to custom if it is found that the following circumstances exist:
    (1) Both parties have not gone through marriage registration procedures;
    (2) Both parties have gone through the marriage registration procedures but do not live together;
    (3) Giving money before marriage and causing difficulties for the payer. The preceding paragraph applies
    (2)
    (3) The provisions of subparagraph (1) shall be conditional on the divorce of both parties.

    J***

    2024-06-27 12:00:59

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