Whether items given during the relationship need to be returned after the relationship is terminated

1. Should the property given during the relationship be returned after the breakup?

1. If you give valuables, such as gold, silver, jewelry, real estate, cars, etc., then it depends on whether it is for the purpose of marriage.

1) If it is not for the purpose of marriage, but it is a voluntary gift during the relationship, it cannot be returned.

2) During the period of love, both parties create conditions for marriage, and the gift of property due to the engagement contract is different from the general gift, which is a conditional gift. If the conditions of the gift cannot be fulfilled due to the dissolution of the marriage contract or the absence of a marriage relationship, the gift property shall be returned, such as a bride price.

According to Article 62 of the General Principles of the Civil Law of the People's Republic of China, "civil juristic acts may be conditional, and conditional civil juristic acts shall take effect when the attached conditions are met", when the conditions are not established, the gift act shall not take legal effect, the rights and obligations between the parties shall be dissolved as a matter of course, and the donated property shall be restored to its original state.

2. During the relationship, the small gifts given by the two parties to express their love cannot be supported.

During a relationship, generally speaking, if it is only a small gift, it is difficult to say that the purpose is to get married, and most of them are to express their love for each other, and if the object does not negotiate and claims to return it, it will usually not be supported by the court.

2. Can I go back the valuables sent by my lover during the relationship?

The law does not have clear rules on whether a man or woman can go back after breaking up with valuables given during a relationship. Unless it is a bride price, the law stipulates that if you break up without a marriage certificate, the bride price needs to be refunded in full.

The bride price is different from the general gift, which is a gift based on the feelings of both parties for the purpose of concluding a marriage, and is a property act based on the marital status relationship. The 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 clearly stipulates the issue of bride price disputes in the form of judicial interpretations, and Article 10 of the Interpretation stipulates that:

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 two parties have gone through the marriage registration formalities but do not live together;

3. The payment is made before marriage and causes the payor to have difficulties in life.

This provision is based on traditional customs and human ethics in modern society, while gift is based on contractual rights and obligations, and the donor enjoys the right of revocation at will (except for gift contracts or notarized gift contracts with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation) embodying the basic principle of private law autonomy.

Through the above, we can understand that during the period of love with the object, the property given for the purpose of marriage is different from the general gift, which is a conditional gift, and when the two parties break up, that is, when the conditions of the gift are not established, the gift does not have legal effect, and the donor has the right to require the donee to return the donated property.

During the relationship, does Zeng Yu's items need to be returned after the relationship is dissolved? During the relationship, after Zeng Yu's items are dissolved in love, it is necessary to see the negotiation results of both parties, and both parties do not need to return them.

Items given during a relationship should be returned after a breakup.

Legal analysis: Whether the property donated during the relationship needs to be returned after the breakup depends on the specific situation. The question of whether the property given during the relationship should be returned is very common at present, and it should be dealt with in several situations:

First of all, it is determined whether it belongs to the bride price, and if it is a bride price, it will be handled in accordance with the relevant judicial interpretations of the Civil Code, and if it meets the conditions for return, it will be returned; Secondly, it is further asserted that the gift should be revoked, and the gift should be demanded to be returned on the grounds of loan or unjust enrichment.

Legal basis: Article 985 of the Civil Code of the People's Republic of China: Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request the gainer to return the benefits obtained, except in any of the following circumstances:

1) Payments made for the fulfillment of moral obligations;

2) Repayment of debts before they become due;

3) Liquidation of debts carried out in the course of annihilation knowing that there is no obligation to pay.

Legal analysis: In principle, gifts during the relationship need to be returned, such as gifts given on special holidays or money given by special numbers to express love. However, if it is a house, car or other gift of greater value given on the premise of marriage, you can ask the other party to return it when you break up.

Legal basis: Article 663 of the Code of the People's Republic of China on the Chain of Civil Elimination and Filial Piety 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's grandchildren 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.