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Article 10 of the Supreme People's Court's Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China 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 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) 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. ”
Among them, the determination of "living difficulties":
According to Interpretation 1, it means that one party is unable to maintain the basic standard of living in the local area by relying on personal property and the property obtained at the time of divorce. The interpretation of "hardship in life" in Interpretation 2 should be consistent with Interpretation 1, and should also be absolute hardship, because after the bride price is paid, one party is no longer able to maintain the most basic standard of living in the local area by living on its own, and it is not that the property is lost compared with that before the bride price is paid, and it is not that the original living conditions are more difficult.
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Where there are clear provisions in the law on bride price, some other local customs can only be resolved through negotiation between the two parties, and if negotiation fails, the court shall make a judgment. Because there is no specific legal provision, the general judge may decide at his discretion.
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Summary. Hello dear, happy to answer your <>
The answer is as follows: The male court sues the woman for returning the bride price, and the male court sues the woman for returning the bride price according to the actual situation, and the male court court and the woman return the bride price.
Hello. Qin Lu Tuan, you are good with Xiaotang, I am happy to answer your <>
The answer is as follows: The male court sues the woman to return the bride price according to the actual situation, and the legal analysis made by the kiss for you is as follows: whether the bride price money is returned in the divorce and how much is returned, and the banquet ruler should be determined according to the actual situation. The law stipulates that where a party requests the return of the bride price paid in accordance with custom, the people's court shall grant it if it is ascertained that it falls under the following circumstances.
The relevant legal basis compiled for you by Qinqin is as follows: Legal basis: Article 5 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section: Where a party requests the 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 parties have gone through the marriage registration formalities but do not live together; (3) Payments made before marriage and causing the payer to live in a difficult and difficult life. The use of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.
Kiss what happened to you, can you tell me the details.
Hello, we met through a matchmaker.
I already understand your situation, and now the other party has received the bride price and then regretted the marriage, right?
On a blind date, they were together for less than half a year, and then the man returned the bride price in advance.
What is the reason for the kiss to be returned? Are you still getting along?
But we are all living together, the bride price is 120,000 yuan, and the private money is 30,000 yuan.
It was the man who offered to return the bride price.
The main reason for kissing is that I didn't understand why the other party returned the bride price, and we had a good time. If there is no valid reason, you don't have to return it.
Have you been approached to discuss this matter? For example, the other person's parents or themselves.
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Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Unscrupulous Hands (II) stipulates: "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) 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. From this point of view, in the case of marital property, first of all, what the husband can only ask for is the bride price, that is, the man enters into a marriage contract by paying the woman in cash or in kind, with the aim of finally consummating the marriage with the woman, and this part is a bride price, and if the above circumstances are met in this process, it can be considered that the woman is suspected of deception, not for the purpose of marriage but for the purpose of defrauding the bride price, so she can claim the bride price in accordance with the above provisions.
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The Marriage Law of the People's Republic of China stipulates that it is forbidden to ask the woman or her family for premarital property, and those who violate it must return it. If it fails to perform, the other party may file a lawsuit in accordance with the provisions of the Marriage Law to request a disposition, and the court may make a judgment for compulsory enforcement.
In marriage, prenuptial property disputes include prenuptial bride price issues, mainly in the event of divorce. Article 21 of the Marriage Law of the People's Republic of China stipulates that "it is forbidden to solicit pre-marital property from the woman or her family, and it is forbidden to use marriage as a tool for seeking illegal benefits".
Although the bride price is also regarded as an economic property, its nature is not a buying and selling relationship, but should be a cultural tradition of exchange of gifts and gifts determined by both parties, so according to the provisions of the Marriage Law, the property before the marriage is not recoverable. In the case where the husband violates the above provisions by asking the woman or her family for pre-marital property, according to the provisions of the Marriage Law and relevant judicial interpretations, the woman has the right to demand the return of the pre-marital property from the man, and the male party shall perform the pre-marital property. If the husband fails to fulfill this obligation, the woman may file a lawsuit in accordance with the provisions of the Marriage Law to request a disposition, and the court may make a judgment to enforce it.
At the same time, if the bride price dispute cannot be resolved through negotiation, it can also be resolved through mediation and litigation. It should be noted that most of the bride price dispute cases are civil cases, and in practice, it is necessary to pay attention to specific issues such as the presentation of evidence and arbitration.
The man did not ask for it, but the woman asked the man to give the bride price, how should this situation be handled? In the case where the woman asks the man to give the bride price, we need to analyze the nature of the bride price in detail. If the bride price is given only by the man, it should not be recovered in the event of divorce.
However, if the bride price is requested by the woman from the husband and the relevant formalities have been fulfilled (such as the signing of the bride price agreement), then the woman can still ask the husband to pay the bride price according to the agreement at the time of divorce.
In marriage, premarital property disputes need to be handled in accordance with the provisions of the Marriage Law of the People's Republic of China. Where a man requests premarital property from a woman or her family, it shall be returned in accordance with law; In the case where the woman requests the man to give the bride price, it is necessary to analyze it according to the nature of the bride price to avoid causing a bride price dispute.
Legal basis]:
Article 921 of the Civil Code of the People's Republic of China prohibits the solicitation of premarital property from the woman or her family, and prohibits the use of marriage as a tool for seeking illegal benefits.
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The way to return the bride price in a marital dispute is: negotiate with the party who is picking up the ants to get it back, or the relevant organization may mediate or directly file a divorce lawsuit with the people's court. In any of the following circumstances, the bride price shall be returned:
The parties have gone through the marriage registration formalities but do not live together; Premarital payments that cause hardship to the payor. The application of the above conditions must be conditional on the divorce of both parties.
Legal basis] Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.
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) The escort party has not gone through the marriage registration formalities;
(2) The parties have gone through the 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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No, that's normal. If you are going to get married, then it is appropriate to give the bride price to the woman's parents. Because they raised their daughters.
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The "bride price" is the money or goods that a man will give to the woman's family when he is about to marry a woman. This is a custom in our country, although our law prohibits the claim of property under the pretext of marriage. But, brother, how can you alone fight this custom that has been handed down since ancient times?
If the bride price proposed by the woman is appropriate and within your tolerance, then you should accept it. lest you have a stiff fight with the woman's family, which is not good for anyone.
I don't agree with the statement about the first floor, in India, when a man marries a woman, the woman's family has to pay the man's family money upside down, because they think that the daughter will be handed over to you in the future, and your burden must be very heavy, so you have to give you money to reduce your pressure.
Applicable laws differ. The Civil Code and the Civil Procedure Law are mainly applicable to civil affairs; Administrative laws, regulations and administrative litigation laws are mainly applicable; The burden of proof is different. In civil litigation, whoever asserts the right is responsible for presenting evidence, and the purpose of the litigation is different. >>>More
1. Testimony of neighbors; Audio evidence of the parties' arguments; If the business address on the business license or tax registration certificate of Party C or Party D is the address of the house, it should also be proved. >>>More
As long as the bride price is mentioned, it is considered vulgar, and the marriage without the bride price is not really elegant. At present, the attention to the bride price in the society is very high, and I often hear that many relatives around me are in the first bride price, my family has a girl who has just grown up, how much bride price should the man need to make his daughter marry decently? And now many loves are also unable to reach a consensus on the issue of bride price, resulting in disillusionment in love. >>>More
In fact, this thing is a matter of form, it is not very good not to give, China is such a custom, the so-called hometown is still according to the custom, hehe. >>>More
There is no legal basis for what she said, and you can sue her.