Is there a legal basis for asking for repayment after a breakup?

Updated on society 2024-03-06
10 answers
  1. Anonymous users2024-02-06

    Asking for repayment after a breakup should be analyzed on a case-by-case basis in law.

    1. If you borrow money during the relationship, you should return it after the breakup;

    2. During the relationship, both parties invite each other to dinner and buy some small gifts, which do not need to be returned after the breakup;

    3. If the amount of property donated during the relationship is relatively large, it shall be returned;

    4. Holiday gifts or engagements, banquets between men and women, sent during the relationship, may not be returned;

    5. Property, gifts, etc., that may affect others shall be returned.

    Legal basis: Article 158 of the General Provisions of the Civil Law: Civil juristic acts may be conditional, except where conditions may not be attached according to their nature. Civil juristic acts with conditions for taking effect take effect when the conditions are fulfilled.

    Civil juristic acts with conditions for rescission shall become invalid when the conditions are fulfilled.

    Article 159:Where parties improperly prevent the fulfillment of conditions for their own interests, it is to be viewed that the conditions have been fulfilled; Where conditions are improperly promoted, it is to be viewed as conditions not being fulfilled.

  2. Anonymous users2024-02-05

    It depends, if he transfers money to you many times, and the amount is large, then you can pay back a part appropriately, if it is just some normal expenses in a relationship, leave him alone.

    After many couples break up, boys will not let girls pay back, after all, in this process both parties are paying to enjoy, eating or watching a movie, sending a red envelope on a holiday is normal, if you are asked to repay the money because of this, such a man really has to be glad that he broke up in time, if you are borrowing the other party's money, or during this period he transferred a lot of money to you, then you should pay it back to others, otherwise it is taking advantage of the other party, he will always be pestering you, and it is reasonable to repay the money.

    I have a friend, she and a boy realized that they had only been married for half a year, when the boy gave her a bride price of 38,000 yuan, and bought three gold and other things, but less than a year after marriage, she divorced Jian Xun, when she told me I was still very surprised, not so soon to divorce!

    She said that the boy was very stingy, and a lot of suspicion, anyway, it was all kinds of bad things for boys, but before I watched her send a circle of friends to show affection, who would have thought that in a blink of an eye it would be to the point of divorce (the two of them did not get a license, just set up a banquet, and in our local wine they thought they were married), and said that the boy went to her house to block her and asked her to return the bride price and jewelry, I said then you will return some to others, after all, you have not been together for a long time, he has spent a lot of money, but she said that I will not return it! I won't give it to death, and then the boy comes to her house every day to make trouble, she hides outside and doesn't go home, she doesn't care about the things at home, I feel quite speechless when she tells me, I feel that she is a very selfish person, for the sake of money, she can ignore the situation of her family, regardless of face.

    When you are in love, it is best not to stop Sakura from taking the initiative to ask the other party for money, and you must also be independent and self-loving, so as to minimize unnecessary trouble, if the other party is an unreasonable person, you don't have to pay attention to it at all.

  3. Anonymous users2024-02-04

    If you have money, pay it back, if you don't pay it back, there is nothing, after all, you will use it.

  4. Anonymous users2024-02-03

    Legal analysis: Whether you need to repay the money after a breakup needs to be analyzed on a case-by-case basis. Jewelry, clothes, bags, money, etc., given during the relationship, are generally property gifts, and once the gift is made, if the donor requests to return it, the court will not support it.

    If it is a gift car, house, etc., you can ask to get back the donated property without going through the transfer registration procedures, but if you go through the transfer registration procedures, it will be difficult to get it back. If one party says that his money is lent to the other party, it is a creditor's right and debt relationship, and evidence such as IOUs and transfer records should be issued, and if he refuses to repay the money, he can sue the court to recover the arrears.

    Legal basis: Civil Code of the People's Republic of China

    Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.

    Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

    The content of the loan contract generally includes the terms of the type of loan, the currency, the purpose, the amount, the interest rate, the term and the repayment method.

  5. Anonymous users2024-02-02

    During a relationship, if one partner spends a lot of money for the other but ends up breaking up, asking for the money back can be a complicated issue. Legally, if these expenses are given to the other party in the form of gifts, then these expenses usually cannot be returned, because the nature of the gift is a voluntary gift, not a debt relationship.

    However, if these expenses are given to the other party in the form of loans, then a return can be claimed. In addition, if these expenses involve the joint purchase of certain goods or services, and there are relevant agreements or agreements, then a refund may also be claimed under those agreements or agreements. However, if these expenses are purely based on personal feelings and affection, and there is no written agreement or explicit agreement, then the demand for the return of these expenses may cause dissatisfaction and contradictions on the other side.

    Therefore, when dealing with the situation, both parties should communicate and try to seek reconciliation. If the nature of these expenditures is indeed a borrowing or payment for the joint purchase of goods or services, then the parties may negotiate the exact amount and modalities. If these expenses are given to the other person in the form of gifts, then look at them rationally and recognize that they represent love and affection, not a debt that can be returned.

  6. Anonymous users2024-02-01

    There is a legal basis for asking for the money to be paid back after a breakup. According to the relevant provisions of Article 665 of the Civil Code of the People's Republic of China, if the person with the right of revocation revokes the gift, he may request the donee to return the donated property.

    1. What are the restrictions on the right of arbitrary revocation after gift?

    The restrictions on the right of revocation after the gift are:

    1. Before the transfer of the right to the donated property, the donor must revoke the gift;

    2. The revocable gift of the donor shall not be a gift with social welfare and moral obligations such as disaster relief and poverty alleviation;

    3. The donor's revocation of the gift is limited to the unnotarized gift contract.

    When the donor revokes the gift, the donee must be notified of the intention to revoke the gift. If the donor does not express to the donee the intention to revoke the gift, the legal effect of revoking the gift cannot be produced.

    2. Can a notarized gift contract be revoked?

    A notarized gift contract can also be revoked.

    According to Article 663 of the Civil Code, the donor may revoke the gift if the donee falls under any of the following circumstances:

    1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;

    2) Failure to perform the obligation to support the donor;

    3) Failure to perform the obligations agreed upon in the gift contract.

    The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

    The first paragraph of Article 664 stipulates that if the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legal ** person may revoke the donation.

    3. Do you have the right to take back the gifted items?

    The donor has the right to take back the donated item before the transfer of rights, and if the donee is at fault and causes the donor to revoke the gift, the gift may also be recovered. According to Article 658 of the Civil Code, the donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

    Article 665 stipulates that if the person with the right of revocation revokes the gift, he may request the donee to return the donated property.

    Article 663 of the Civil Code.

    If the donee has any of the following circumstances, the donor may revoke the gift:

    1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;

    2) Failure to perform the obligation to support the donor;

    3) Failure to perform the obligations agreed upon in the gift contract.

    The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

    Article 665.

    If the person with the right of revocation revokes the gift, he may request the donee to return the donated property.

  7. Anonymous users2024-01-31

    If it is a gifted property, it does not need to be repaid, but if there is a loan relationship, the parties should repay the arrears according to the agreement, otherwise the other party can file a lawsuit.

    Article 668 of the Civil Code of the People's Republic of China: The loan contract shall be clearly read and shall be in written form, unless otherwise agreed upon in the loan between natural persons. The content of the loan contract generally includes the type, currency, purpose, amount, interest rate, term and repayment method of the loan. Article 669 of the Civil Code of the People's Republic of China When entering into a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

  8. Anonymous users2024-01-30

    If, in a relationship, the boyfriend lends money to his girlfriend or the two of them spend some money together, it is reasonable to ask the boyfriend to pay it back after the breakup. However, if the money is given as a gift or if the boyfriend does not explicitly state that he needs to pay it back, then it may seem inappropriate to ask the boyfriend to pay it back.

    Whatever the case may be, there are a few things to consider when asking your boyfriend to pay it back:

    1.Nature of the money: If the money is given in the form of a loan, then it is reasonable to ask the boyfriend to pay it back. But if the money is given to Eda as a gift, then asking her boyfriend to pay it back may cause trouble for the other party.

    2.Reasons for the breakup: If the breakup is caused by the boyfriend's behavior, such as cheating, infidelity, etc., then it is reasonable to ask the boyfriend to pay back the money. But if the breakup is caused by a joint decision of two people, then asking your boyfriend to pay back the money may seem a little inappropriate.

    3.Boyfriend's financial situation: If your boyfriend's financial situation is difficult, then asking him to pay back the money may cause him more stress and burden. If you still want to ask him to pay it back, consider giving him some time to pay it back.

    The final decision is up to you, but it's important to remember that asking your boyfriend to pay back the money needs to be considered the nature of the money, the reason for the breakup, and your boyfriend's financial situation. If you are confused or unable to resolve the issue, you may consider seeking legal or professional help.

  9. Anonymous users2024-01-29

    Broke up and didn't pay back.

    When will the money be repaid?

    Hehehe.

  10. Anonymous users2024-01-28

    Legal analysis: The question of whether the money needs to be repaid depends on the nature of the payment, and if the money is defined as a loan or unjust enrichment, or a gift for a specific purpose of marriage, the woman needs to return it. If the money is defined as an ordinary gift, the woman does not need to return the money.

    Legal basis: Civil Disturbance Code of the People's Republic of China Article 1054 An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.

    The disposition of property in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to the lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.

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