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How to deal with property disputes caused by engagement

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How to deal with property disputes caused by engagement


        

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  • 2024-06-25 05:00:58

    In accordance with the spirit of the relevant provisions of the Opinions of the Supreme People's Court on the Implementation of Civil Policies and Laws and the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, property disputes arising from the dissolution of marriage or termination of love should be properly handled according to different situations:
    1. In the case of buying and selling a marriage through engagement, the property of the party who gives up the property is actually a tool for illegal activities, and the party who receives the property is illegal income. In principle, such property can be handed over to the state treasury by judgment.
    2. In the case that the purpose is to defraud property in the name of engagement, criminal responsibility shall be investigated according to law in addition to the crime of fraud. In principle, all property obtained from fraud shall be returned to the victim no matter who proposes to terminate the engagement.
    3. For those who play with the opposite sex in the name of engagement and by giving property as a means, the property voluntarily delivered to the other party for illegal purposes should be treated as a gift. No matter who proposes to terminate the contract, it will not be returned.
    4. Gifts should be dealt with according to different situations: during love, whether men and women should return some of the property they voluntarily give to enhance their feelings after the dissolution of the marriage agreement, because such gifts are usually for the purpose of marriage, which is conditional. If the purpose of marriage is not achieved, they should be returned. Due to the complexity of gifts, they cannot be returned in full, but they cannot all be returned. Legal basis: According to Article 1 of the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, if one party asks for property from the other party, but the marriage is basically voluntary, it is not a business marriage. When one party applies for divorce, it shall find out the reasons for the change of feelings after marriage and the status of the relationship between husband and wife. If the mediation is invalid, it can be sentenced to divorce or not allowed to divorce.

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