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In these three cases, the bride price can be returned.
1) The parties have not gone through the marriage registration formalities. This is a principled provision for the bride price, and the premise is that the marriage has not been concluded and the bride price has been paid.
2) The parties have gone through marriage registration formalities but do not live together. In this case, the man and the woman have fulfilled the necessary legal procedures for marriage and are in accordance with the legal marriage relationship, but the parties are not really living together.
3) Payments made before marriage that cause hardship to the payor. The bride price is the property given to the other party before the marriage, and the amount is generally relatively large, which refers to the situation that the paying party is unable to live after the bride price is paid to the other party.
In view of the above conditions, the first is that after the bride price is paid, before the parties enter into marriage. And for the first.
The provisions of 2.3 stipulate that the parties already have a legal marital relationship, but the divorce of the parties shall be a condition.
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I can get it back, but I won't get it back. If an unmarried man and a woman have indeed lived together but ultimately fail to complete the marriage registration formalities, and the party paying the bride price requests the return of the bride price, the people's court may determine whether to return the bride price and the specific amount of the bride price based on factors such as the time both parties have lived together, the amount of the bride price, and local customs and habits. 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) The parties have gone through marriage registration formalities but do not live together. 3) Payments made before marriage that 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. Article 1042 of the Civil Code (effective as of January 1, 2021) 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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I have given birth to two children, and the bride price money will definitely not come back.
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Since the two of them already have two children, then I think there is no difference between you and getting married, and the bride price will not be returned.
Because she gave her entire youth, it would be good if she didn't ask for a youth loss fee.
So understand each other, tolerate, after all, you love each other, for the sake of the child, you have to get along well in the future, after all, you are the child's biological mother, so don't make too much trouble.
And she should also want to live a good life with you, otherwise she wouldn't have two children with you. Sometimes I don't want to go over it, maybe it's because the family chores are too difficult, so I feel too bitter, so I want to part with you, but what I want to say is that she doesn't feel better than you, because two children are her half life.
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Legal analysis: No wedding bride price money can be returned, but it will not be fully refunded. If an unmarried man and a woman have indeed lived together but have not been able to register their marriage, and the party paying the bride price requests the return of the bride price, the people's court may determine whether to return the bride price and the specific amount of the bride price based on factors such as the time the parties have lived together, the amount of the bride price, and local customs and habits.
Legal basis: "Supreme People's Court Interpretation (1) on the Application of the Marriage and Family Section" Article 5: 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) Premarital payments that cause hardship to the payor.
The provisions of Dan Congmin in items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.
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Legal analysis: If you do not receive a marriage certificate, you can ask for a bride price. The law clearly stipulates that for those who have not received a marriage certificate, they are supported to demand that the other party return the bride price.
The bride price is equivalent to a conditional contract, which requires the marriage relationship between the man and the woman to fulfill the conditions for the bride price to be effective. Therefore, if both the man and the woman do not receive the marriage certificate, the bride price needs to be returned.
Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Marriage and Family Section (1)" Article 5: 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 to fall under the following circumstances: (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) Premarital payments that 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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There is no wedding bride price money to get back. In any of the following three circumstances, the man may request the woman to return the bride price that has been paid: (1) the parties have not gone through the marriage registration formalities;
2) If both parties have gone through the marriage registration formalities but do not live together, the husband may request the return of the bride price after the divorce;
3) If the payment is made before marriage and causes the husband to have difficulty in life, the husband may request the return of the bride price after the divorce. Therefore, there is no chain of acres of wedding bride price money to be returned. Legal basis:
Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that 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 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) Premarital payments that 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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If you don't have a marriage certificate and have a child, you may need to return the bride price in full. There are certain conditions for the return of the bride price, and the circumstances in which the people's courts support the return of the bride price are as follows:
1.The parties have not gone through the marriage registration formalities, that is, they are not married;
2.The parties have gone through the marriage registration formalities but do not live together;
3.The payment of a bride price before marriage causes hardship to the payor.
The bride price must be returned, and the bride price must be based on local customs and given for the purpose of marriage, and it does not need to be returned without these properties.
1. What is the scope of the return of the bride price?
1) Theoretically, there are several views on the nature of the bride price and whether it should be returned, but generally the countries that have regulations on the bride price generally consider it to be a gift with a condition of dissolution, which is not only in line with the principle of fairness, but also does not contradict the ethical concept of marriage. According to this point of view, once the act of giving the bride price takes effect once the parties reach an agreement, the ownership of the bride price is transferred to the woman with the delivery, and when the marriage is not established, the gift contract is dissolved, and the donee loses the legal reason for continuing to possess the bride price. It can be seen that the bride price money needs to be returned to the man.
2) In real life, if the two parties have not gone through the marriage registration formalities, but in fact live together, if the man has abandoned the marriage contract and wants to dissolve the marriage contract, the interests of both parties should be weighed, and the amount of the bride price can be reduced as appropriate in line with the principle of protecting women and protecting the weak. In practice, Zheng Hui also has such a situation, that is, if the two parties have been living together for many years, the husband wants to dissolve the cohabitation relationship and demand the return of the bride price on the grounds that he has not completed the marriage formalities.
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If there is no registered marriage, the bride price should be returned in principle, but because they have already lived together or even had children, the court will generally not ask for the full return of the bride price, but may ask for a partial return. 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) Both parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but have not pretended to live together; 3) Payments made before marriage that cause hardship to the payor.
Article 1042 of the Civil Code prohibits arranged marriages, buying and selling marriages and other acts involving 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. The basic sentence prohibits domestic violence. Abuse and abandonment between family members are prohibited.
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