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I don't know what the customs are in your family, if the woman takes the initiative to withdraw from the marriage, she will return the gift money, and if the man proposes to withdraw from the marriage first, then the woman does not need to return the gift money, I hope it can help you.
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There is no protection in the law, the law only protects the rights and interests of legal couples who have registered and received a marriage certificate, the engagement is a personal agreement or a way, it does not have legal protection, her behavior is only subject to her own morality, although she receives the bride price, but because she is not registered, she can not marry you, as long as you do not register, the relationship between you, after the engagement and before the engagement is the same, but according to you, if it is true, her behavior is only morally condemnable, if you have registered, If you find evidence, you can also divorce and let the woman leave the house, but now you can only suffer dumb losses, you can go to the civil law to see, but if you take the initiative to withdraw from the marriage, you will not get anything, because you have no evidence.
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Hello friends, the law does not explicitly stipulate some procedures for engagement, and the law only protects the interests of both men and women who have obtained a marriage license. Generally speaking, if the woman proposes to withdraw from the marriage, the engagement fee will be refunded, and if the man proposes it, the engagement fee will generally not be refunded.
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According to the "Marriage Law" and the relevant legal provisions, if the bride price is paid to the woman in the south, there are three circumstances in which the woman can request a return; First, the parties have not gone through the marriage registration formalities; Second, the parties have not lived together in the marriage registration form; Third, the premarital payment causes the payer to have difficulties in life. Applicable to one of them.
In the second and third cases, the divorce of both parties shall be a condition.
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As far as I know, such a thing belongs to civil marriage, and there are such solutions in the general principles of civil law, but it seems that if the boyfriend is already engaged, if the man first proposes to withdraw from the marriage, your money is gone, and if the woman proposes to withdraw from the marriage first, then congratulations, you can go to the court to get the money.
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Friend, I want to tell you that you will not be compensated for the cost of the engagement, unless the woman proposes to withdraw from the marriage.
Because China's marriage law does not legislate for this dispute, it is not protected by law.
My experience is that the woman withdraws her family, the money is all returned, and all the money used is supplemented, and you can negotiate with the woman to solve it.
But you can't do it bruisedly, because if you do something 'big' for this, you will be 'protected' by the law.
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Generally, if the engagement regrets the marriage, the large bride price and gifts must be returned.
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The question you raised is not clearly stipulated in the law, whether the gift money will be refunded or not, you should negotiate with her carefully, you can't become husband and wife, I think she should return your gift money!! Good luck!!!
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Find solid evidence first, it's fair to you and her, otherwise this kind of unilateral withdrawal from the marriage, the woman's family will not approve of it, and the gift money will definitely not be returned.
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You tell me? There is no fool in the world who does not follow the money, and if you don't retreat, you have to retreat.
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God, it depends on both of you.
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There is no explicit provision in the law.
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Why don't you retreat, and I don't care about you!
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I'm just like you, and I'm confused right now.
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Legal Analysis: After the engagement, no matter which party proposes to break up, as long as the marriage relationship is not concluded in the end, the bride price should be returned. However, if both parties have already lived together and part of the bride price has been used for living together, the consumed part does not need to be returned.
Legal basis: Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part (1) Article 5 Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the formalities for registering the marriage;
2) The parties have gone through marriage registration formalities but do not live together;
3) The pre-marital payment and Liangjian Prefecture cause hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
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1. The principle to be followed in resolving the bride price dispute is to determine whether the bride price is returned, and whether the parties have entered into a marriage relationship is the main basis for judgment. If a marriage relationship is not concluded after the bride price is paid, the bride price shall be returned in principle; if married; If a marriage ceremony is held in accordance with custom but no marriage certificate is obtained, whether the bride price will be returned at the time of dissolution of cohabitation shall be determined on a case-by-case basis.
2. If the bride price is paid before marriage, the divorce must be the premise before the request for return can be considered If after the bride price is paid, during the existence of the marital relationship, the payer requests the return of the payment, it will not be supported, and it is the joint property of the husband and wife. If the parties submit the request at the same time as the divorce proceedings, and the court grants the divorce, it may decide whether to support the request for the return of the bride price according to the circumstances; Where a judgment does not grant a divorce, the parties' request for the return of the bride price cannot be supported.
3. There must be a local custom of paying bride price before marriage Generally speaking, the bride price problem mainly exists in a large number of rural areas and relatively underdeveloped areas, and people marry relatives, mostly according to the customs and customs of the people. If there is no such custom in the local area, there is no question of the payment of the bride price. The court shall handle the disposition of the property that cannot be recognized as a bride price and is the result of a relationship between a man and a woman, depending on the specific circumstances and nature.
4. To distinguish the subjective will of the parties when the bride price is paid, generally speaking, the payment of the bride price is often for the purpose of the actor to get engaged or married between the man and the woman. If it is a completely voluntary payment without any strings attached, it is a general gift, and unless there is a special provision, the request for the return of the bride price is usually not supported.
5. After the bride price is paid, the marriage registration is handled, but the two parties do not really live together, and the request for the return of the bride price of the sedan car family should be supported. Pre-marital payments lead to difficulties in the payor's life, which is a special circumstance in which the bride price is repaid quickly. The difficulty of living here refers to the fact that they are unable to maintain the most basic standard of living in the local area on their own.
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Legal Analysis: Gift money is a bride price. If the man and the woman break up without marriage, the man may request the woman to return the bride price.
Legal basis: Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.
Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
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According to Article 10, Paragraph 1 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application, if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the parties have not gone through the marriage registration formalities.
As to how to deal with gift money, the previous judicial interpretations were relatively general, and the general principle of handling it was that gift money was a conditional gift. If the parties have been married for a short time, they can be returned "as appropriate", and if they have been married for a longer time, it is unlikely to be returned. Interpretation of this formulation.
2) The provisions are more specific, making it clear that there are three situations in which a return can be requested:
First, the two parties have not gone through the marriage registration formalities.
Second: Although they have gone through the marriage registration formalities, they do not live together.
Third, the gift money is paid before marriage, and the act of payment causes difficulties in the life of the payer.
Therefore, the refund of the gift money after the engagement can be fully refunded.
1. Engagement. Engagement, also known as marriage contract, according to Chinese folk customs, usually precedes marriage with engagement ceremonies: making a marriage book, exchanging gifts, or setting up a matchmaker, etc.
However, according to the current laws of our country, engagement is not a necessary procedure before marriage, and a marriage without engagement does not lose the validity of its marriage.
Engagement is legally a contractual act, a status contract. This identity contract has several characteristics:
1. The conclusion of the marriage contract shall not be effective, otherwise it will not have legal effect; In other words, a marriage contract can only be formed if both the man and the woman agree with each other.
2. Only those who have the legal engagement ability to pick up the code can engage in engagement. The legal definition of betrothal capacity is based on age: a man is 17 years old and a woman is 15 years old.
If a marriage contract is entered into in violation of this provision, the marriage contract is not invalid, but the parties or legal persons may apply to the court for revocation. Because, for minors under the age of 20, their marriage contract must be approved by the legal person.
3. The marriage contract shall not be enforced. The marriage contract should be observed, but it should also be in accordance with the wishes of both the man and the woman. If one of the parties is unable to perform, it cannot be enforced.
Of course it's different, there will be a lot of subtle changes in life, I personally think that engagement is actually in the family adaptation process of officially marrying each other, so that you can learn to deal with the relationship of this family, at this time if you do something wrong, no one will blame you, but it will be different when you get married, as for the details you said later, this is not very important, but you must be attentive, and you can do it best, because your every move is related to the warmth index of this family! >>>More