Can the bride price given to the woman be returned?

Beijing Zhiguang lawyer explained: According to the custom, before a man and a woman get married, the man gives each other a bride price of great value in most parts of China. The bride price given by the man to the woman is a gift in law, and this gift is special, and it is a gift for a purpose in law, and the purpose of this gift is to make the woman marry the man, once the woman and the man register their marriage, and have the fact of living together, and have a legal and factual married life, the purpose of the gift has been realized, and the gift is irrevocable, of course, the man has no right to demand return.

However, in special circumstances, it is also possible to request the return of the bride price, and there are three special circumstances:

1) The parties have not registered their marriage. This situation is more likely to occur in the case of only holding a marriage ceremony without going through the marriage registration, lacking the legal requirements of marriage, and legally speaking, the purpose of the gift has not been achieved, so in this case, once the man and the woman are "divorced", the man asks the woman to return the bride price, and the court will generally order the woman to return the bride price.

2) The parties have gone through the marriage registration formalities but do not live together. This situation is more likely to occur when the marriage has been registered, and at that time there is a disagreement on the subsequent marriage matters, and finally there is no fact that they live together, and the fact that the marriage is lacking, and legally speaking, the purpose of the gift has not been realized, so in this case, once the man and the woman divorce, the man asks the woman to return the bride price, and the court will generally order the woman to return the bride price.

3) The payment is made before marriage and causes the payor to have difficulty in living. This situation is more likely to occur in the man's family difficulties, although the purpose of the gift is realized, which mainly reflects the humanitarian spirit of the law, and the inclination to the protection of the weak.

If the woman breaches the contract and is at fault first, she should ask for the bride price, and if there is no reason or the man fails to make the contract, there is no reason to return the bride price.

Can I get my bride price back? Under what circumstances can the bride price be returned. Where a party requests the return of a 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 marriage registration formalities; (2) Now they are going to divorce, and the parties have gone through the marriage registration formalities but do not live together; (c).

You can come back.

Article 10 of the Interpretation II of the Marriage Law stipulates that: "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 the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing 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. ”

In cases where the return of the bride price leads to disputes, the ordinary statute of limitations applies, i.e., two years. There are two circumstances for the commencement of such disputes: one is that if the parties have not entered into a marriage relationship, the paying party shall assert its rights against the other party at the same time, and if the parties refuse to return it, the statute of limitations shall begin to run. Second, if the parties register their marriage, the paying party should know that its rights have been infringed from the date of dissolution of the marriage, and the statute of limitations shall begin to run.

According to the relevant provisions of the law, the statute of limitations for filing a request for protection with the people's court based on this article may also be suspended, interrupted, extended, etc.

It is necessary to distinguish between the subjective wishes of the parties when paying the bride price. Generally speaking, the parties will not voluntarily pay the bride price to the other party, but if the bride price is indeed paid voluntarily by the parties without any conditions, it is a general gift.

If you just live together and don't get married, you can come back.

Of course you can come back! Because the current office is a society where men and women are equal, the law will protect everyone's legitimate rights and interests. As long as the man has cheated on the marriage, the woman has a reason to return the bride price she brought with her, and she can sue the other party!

Whether it is a bride price from the man or a bride price from the woman, this also belongs to a contract with Noho. If the other party repents, then the calendar or gift should be returned. If the other party refuses to return it, he can file a lawsuit with the court.

If the party who paid the bride price repents, the bride price will not be returned.

You can come back, because cohabitation is also a woman's willingness, and no one forces her to live together. The specific analysis is as follows:

First, fraudulent bride price is endless

Now some women communicate well with their familiesSpecializing in this as a scam,Deliberately received a bride price and then broke up, inside the newsSimilar incidents have been reported,The woman has already scammedNine men. They all live together first, then talk about marriage, and finallyRepentance and refusal to return the bride price

Second, cohabitation is her choice

Only by self-respect can people be respectedCohabitation is also established inOn the premise that women are willing, and Heng, since you have chosen to do so, Everyone is an adult, you have to be responsible for your own choices, whether you meet a scumbag,Repentance of marriage, if refusedIs it possible to protect yourself by living together before marriageSo it's all about the bottom lineIt's yourself who hurts yourself.

The bride price was originally for the bride's family

Since you don't want to get married, you naturally have to return the bride price. And the character of the person is stable, how can it be suddenThe personalities are incompatible, so you must think twice before marriage. Marriage is not child's play, and then get married after thinking about it

(Personal views only).

Whether the bride price has been spent by the woman or not depends on the situation. Because the current Civil Code does not recognize de facto marriages, the bride price cannot be returned to Yan after marriage. The bride price given by the man to the woman cannot be returned from the acquaintance to the end of the engagement ceremony, nor can the party who paid the bride price.

Living together as husband and wife is short-lived. If they have been married for a long time, the bride price of an unmarried cohabiting man and woman does not need to return the red envelope given by him on the holiday. Whether the bride price can be refunded depends on the situation.

If the bride price is given to the woman in the form of a gift, and the party who paid the bride price requests the return of the bride price, resulting in difficulties in life, and the man asks the woman to return the bride price, it generally cannot be found to be a rough book of bride price.

Whether the bride price money can be dismantled to be returned, it is necessary to distinguish different situations. If the woman regrets the marriage and the wedding cannot be carried out, then the woman should return the bride price. If Wu Nianzao is the man's repentance, the bride price will not be returned.

If the woman accepts the bride price but does not fulfill the marriage contract or regrets the marriage, even if the man does not speak, the woman must take the initiative to return the bride price.

This so-called bride price can be brought back by the woman or left to her parents. Since you are concerned about whether to bring back the problem of infiltrating the spring of Mu Chun, you must negotiate it in advance, so as not to make it unpleasant whether to bring back the bride price in the future.

The ancient Chinese tradition is to give the bride price to the woman's family when marrying. The right to dispose of the state bride price lies with the woman's father, Tanki, and mother. You can let Fengchun's daughter bring back or bring back a part of it, or you can keep it for him. No one else can interfere.

Legal Analysis:12. The parties have not gone through the marriage registration formalities3Payments made before marriage and cause hardship to the payer.

Legal basis: "Interpretation II of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China" Article 10: Where a party requests a return of the bride price paid in accordance with custom, if it is ascertained that the following circumstances apply, the people's court shall support it: (1) the parties have not gone through the marriage registration formalities; (2) The two parties have gone through marriage registration formalities but do not live together; (3) Paying hidden burns before marriage and causing hardship to the payer.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

The bride price can be returned to the woman in the following cases:

1. If one party pays before marriage and causes hardship to the other party, it shall be conditional on the divorce of both parties;

2. Although the parties have registered their marriage but have not lived together, they may request a reasonable refund of the corresponding bride price, which shall be conditional on the divorce of both parties;

3. The parties have not gone through the marriage registration.

[Legal basis].

Article 188 of the Civil Code of the People's Republic of China.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where a party requests the return of a 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 completed the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Pre-marital payments that make it difficult for the person who pays the money to make a living.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

The real meaning of the bride price is that the man sincerely asks to marry the woman, it is said that the bride price is a custom, but also a kind of etiquette, the man will measure the actual situation of the spike chain and come up with the corresponding bride price to express his heart, rather than the definition of the woman's price code. The definition and demand of the bride price makes people feel disgusted and hostile, making people feel uncomfortable, feeling like talking about business, talking about achievements and marriage. If it is said that the bride price is given to the woman according to custom, it is a kind of practical and stable guarantee for the woman, in case there is a change in the marriage, the woman will not have difficulty with this money.

Willing to give and ask are completely different concepts and feelings, willing to give is a kind of willing to give, without hostile emotions, and give comfortably and pleasantly.

Appropriate bride price, for marriage, plays a certain role as a ballast stone, the two parties will not divorce easily, the man is willing to invest a certain amount of money in the marriage, then it is more optimistic about the long-term benefits: a family of three, a happy life. For the woman, there is also a sense of security.

The lack of liquid bride price is also the start-up capital of a new family, two young people together, if life encounters emergency things, with the bride price of this fund, life can still be lived, the man pays the bride price, the woman pays the dowry, and the two families inject funds, so that a new family can operate stably. But the problem now is that the man can't do anything about the high bride price, so he has to not get married; The bride price becomes the capital of the woman's family, rather than the start-up capital of the new home of the man and woman.

If the economic conditions of the bride's family are not bad, then the woman's family will generally return the bride price money given by the man exactly in part, or add some additional money to return. For example, if the man gives the woman a bride price of 100,000 yuan, then the woman's family will put the 100,000 yuan into their daughter's card as it is, and give it to the daughter as a newlywed living fund. If the economic conditions of the woman's family are backward, then the bride price money given by the man to the woman's family can be returned either or not.

However, some economically backward women's families will return some of the bride price money to their daughters as a dowry. However, if the woman's parents do not return the bride price to their daughter, they will definitely buy some gold and silver jewelry for their daughter.

The bride price money for the marriage has been given to the woman, and the bride price money cannot be asked back, and you cannot ask for the bride price from the man to the woman.

As for this issue. It depends on the actual situation. There is a difference between pre-marital and post-marital.