The red envelope sent during the relationship, can you come back after the breakup?

On the 20th of the month, it has become an important day between many couples, some people will buy gifts, and some people will send special amounts of red envelopes or WeChat transfers on WeChat, and many couples will also send screenshots in the circle of friends to show sweetness.

However, a lawyer friend reminded through the Shanxi Evening News on this sweet day: If you send a red envelope or transfer a special amount on a special day, such as May 20, or Valentine's Day, Qixi Festival and other festivals, it is likely to be recognized as a gift, and if the couple breaks up in the future or asks the other party to return it, it will not be able to claim the return. So, what exactly is the law?

A reporter from Shanxi Evening News paid a visit.

Some people want to know: whether the special amount of red envelopes for special holidays can be returned.

On May 20, many couples will send red envelopes or transfer money to show their blessings and love to their sweethearts. The first greeting of some office workers is: How big of a red envelope have you sent to others?

Everyone also took this as a topic, either to show affection, or to complain that their lovers were not romantic, without any expression.

Not long after the unmarried man Xiao Yang went to work, he talked about a girlfriend. "I see that many friends around me will send a big red envelope to the object, and I am the same, transferring 520 yuan. Xiao Yang said that in addition, he also bought a bag for the other party, which also cost a few hundred yuan.

Xiao Yang said that he found such a saying on Douyin that the red envelopes sent on special days are gifts. "There is also a lawyer's suggestion that it is best to send an equal amount, and do not write words such as 'happy holidays' and 'I love you' on the remarks, and it is best to leave a message ...... 'you spend first'In this way, you can still ask for a return when the time comes. Xiao Yang said that although it is indeed not harmonious for boyfriends and girlfriends who are in love, sending red envelopes and asking for them back, but he also wants to know what is the difference between sending special quotas and sending ordinary red envelopes or transfers?

A reporter from Shanxi Evening News visited several boyfriends and girlfriends who were in love, and they were also very interested in whether they could ask for the return of such a red envelope or transfer, and wanted to know what was going on.

Lawyer's Statement: Equal amounts, it is considered a gift.

So, if a similar red envelope is sent between couples, can they still come back after breaking up? Many people have similar questions, and a reporter from Shanxi Evening News interviewed lawyer Wang Huixin of Beijing Jingshi Taiyuan Law Firm. She said that she recently took over a similar case, which occurred in Yingze District, the provincial capital, where the two sides separated after being boyfriend and girlfriend for a few years, and because the amount involved in the two during the relationship was 200,000 to 300,000 yuan, the man filed a lawsuit to demand the return of the amount.

Different situations: whether the transfer between couples is a gift or a loan needs to be considered comprehensively based on the specific amount and situation. Generally, the amount of special significance during the relationship, such as 520 yuan, 1314 yuan, 888 yuan, and 999 yuan, is often expressed as a gift, and it is generally not recognized that there is a loan relationship.

Case Study: How to determine the red envelope transfer between boyfriend and girlfriend.

What should I do if the red envelope sent during the relationship is asked to be returned when I break up, and the lawyer will give you advice.

It mainly depends on how many red envelopes you have sent If you send a thousand or more than two thousand, you can come back As long as you tell her well, you can't just say that you can pay back the money You said that it is not easy to make money this year Part-time work is already tiring Plus my parents are waiting for me to pay Can you give me the money But I still suggest that you don't be so stingy Because of the money thing, she is talking to people behind her back How are you People will laugh at you You have to think about it.

There's no need, my ex broke up after just borrowing a thousand from me, and I didn't even say I wanted to come back, after all, he also spent money when we were together.

What else do you want, I can't ask for it.

Can you get this little money back?

Gifted things, what more!

Are you dreaming? The heart eye is too small.

Legal Analysis: Whether the amount needs to be repaid needs to be determined by the nature of the payment, and if the money is defined as a loan or unjust enrichment, or if it is 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: Article 122 of the Civil Code of the People's Republic of China: Where others have no legal basis and obtain improper benefits, the person who has suffered losses has the right to request that they return the improper benefits.

The red envelope sent by the person who fell in love, do you have to pay it back when you break up?

The issue of giving red envelopes in love and returning red envelopes when you break up involves different situations and interpersonal relationships. Here are some situations and suggestions:- If you don't explicitly say "you have to pay it back" when you send out red packets, then you don't have to return them after the breakup.

The red envelope is a gift spill combustible, and if there is no clear agreement, then the recipient does not have to return it. - If you have a clear agreement when you send red packets, such as "these red packets are loans, and you will have to pay them off after you break up", then you need to abide by this agreement and pay off the amount owed as soon as possible. It's a legal constraint that you need to comply with as much as possible.

If you have some vague conventions when giving out red envelopes, such as "these red envelopes are for your living expenses", then you need to judge whether you need to return the red envelopes according to the actual situation. If these red envelopes do help you live a normal life, then you can treat them as gifts and don't have to return them; But if these red envelopes are clearly beyond the normal cost of living, then you need to consider returning some or all of them. In short, you need to judge whether you need to return the red envelope according to the actual situation, and at the same time abide by the agreement and legal provisions between you as much as possible.

Legal Analysis: Whether or not to repay 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 Code of the People's Republic of China Article 122 The person who has suffered losses has the right to request the return of the improper benefits because others have no legal basis to return the improper benefits.