If you don t have a marriage certificate, will you be sentenced if you run away with the bride price

First of all, it is necessary to see whether the woman is suspected of cheating on marriage, if so, call the police directly, if you discuss with the woman, if you can continue to live, it is the best. If you do not agree to continue the bride price, you can ask for a partial refund of the bride price. However, I believe that at least 80% of the bride price should be returned, and if I do not agree to return 80% of the bride price, I suggest that I go to the village mediation committee to deal with it.

If I don't have a marriage certificate, will I be sentenced if I run away with the bride price? This question is that this kind of practice is too unlike, this is not a serious person, it is a **, if this is true, you can sue him, sue him, his practice is illegal, the law can give you a clear answer, or you will check the provisions of the marriage law on the Internet, how should this problem be handled? Everything in my heart is understood, do it according to the law, don't violate the law, do it according to the law, it will not be wrong at any time, I wish you one last word, even if he comes back, don't ask him.

According to Article 10 of 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, the bride price should be returned under three circumstances:

1) The parties have not registered the marriage formalities;

2) Although they have gone through the marriage registration formalities, they do not live together;

3) The payment of bride price before marriage causes difficulties in the payor's life.

Items (2) and (3) above must be conditional on divorce.

There is a provision for the return of the bride price in the Marriage Law, but there is no special procedure, and the right needs to be realized through litigation.

The Marriage Law abolishes the recognition of de facto marriages and stipulates that they are not legal couples without a marriage certificate. The stipulation is that cohabitation that has been together before February 1, 94 is recognized by the state as husband and wife, and cohabitation after that is not husband and wife. The bride price must be returned to the man in any of the following cases:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 10 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 and causing 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.

Community property is generally divided equally.

If there is no marriage certificate, the bride price will be refunded. A refund can be requested. And it's fully refundable.

According to Article 10 of the Judicial Interpretation II of the Marriage Law, 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 and causing 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.

Legal analysis: Fraudulent marriage is actually a fraud, if the woman does not register the marriage after receiving the materials, and the purpose is to illegally possess the bride price, it can be determined that the marriage is fraudulent, and the man can request the return of the bride price. From the perspective of the time when the criminal intent arises, the criminal intent of the crime of defrauding money by marriage is often chaotic, and Sun Sheng's intent to illegally take possession of other people's money and property to commit the crime of accompanying the offender is an important constitutive element in determining the crime of marital fraud.

From the perspective of the ownership of the property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of other persons who have a relationship with the victim, and does not belong to the joint property of both "husband and wife" after the marriage relationship is established.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

There is no evidence of the bride price to negotiate with the other party, and if the consensus is reached, the bride price can be returned; If it is not possible to reach an agreement, the bride price is for the property, and you can go to the developer to obtain relevant information such as purchase records and flows; If there is no evidence to prove that one party has paid the bride price and the other party does not admit it, it is generally difficult to get the bride price back.

[Legal basis].Article 5 of the Interpretation (1) 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.

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) 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.

Summary. Hello dear, happy to answer your <>

If the bride price is returned without a marriage certificate, the other party will commit a crime if he finds trouble, and he can go to the local police station to report the case. According to the provisions of the Law on Public Security Administration Punishments, the public security organs may impose a public security detention of up to 5 days or a fine of up to 500 yuan on the offender who threatens others, and if the circumstances are serious, he may be sentenced to 5 to 10 days of public security detention and a fine of not more than 500 yuan.

If the bride price is returned without a marriage certificate, will the other party commit a crime if he finds trouble?

Dear, hello, very high Tuan Xing for your town reputation to answer <>

If the bride price is returned without a marriage certificate, the other party will commit a crime if he finds trouble, and Yu or Duan can go to the local police station to report the case. According to the provisions of the Law on Public Security Administration Punishments, the public security organs may impose a public security detention of up to 5 days or a fine of up to 500 yuan on the offender who threatens others, and if the circumstances are serious, he may be sentenced to 5 to 10 days of public security detention and a fine of not more than 500 yuan.

If the two parties are not married, or married and do not live together in a pure life, it is possible to ask for the return of the bride price, if there is a dispute over the bride price, you can first negotiate, do macro key to the two parties to reach an agreement, you can sign an agreement, if you cannot reach a consensus, you can also prepare a complaint, evidence of the bride price, etc. to go to the court to protect their legitimate rights and interests.

If the woman does not register the marriage after receiving the materials, and the purpose is to illegally possess the bride price, it can be determined that the marriage is fraudulent, and the man can request the return of the bride price. From the perspective of the time when the criminal intent arises, the criminal intent of the crime of defrauding money by marriage often arises before the marriage relationship is established, and having the criminal intent to illegally take possession of other people's money and property is an important constitutive element in determining the crime of marital fraud. From the perspective of the ownership of the property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of other persons who have a relationship with the victim, and does not belong to the joint property of both "husband and wife" after the marriage relationship is established.

I. Standards for filing cases of the crime of marriage fraud in the criminal law of the clan nuclear model.

Criteria for filing a case for the crime of marriage fraud:

1. The criminal purpose of the crime of defrauding money by marriage has the criminal purpose of illegally taking possession of other people's money.

2. In terms of objective conduct, the method of fabricating facts and concealing the truth was adopted to deceive the victim's trust.

3. The property obtained by fraud is the property of one party before marriage or the property of another person who has a relationship with the victim, and is not the joint property of both "husband and wife" after the marriage relationship is established, and is found to be the crime of marriage fraud.

2. What are the criteria for filing a case for the crime of marriage fraud?

First, from the perspective of the time when the criminal intent arises, the criminal intent of the crime of defrauding money by marriage often arises before the marriage relationship is established, and having the criminal intent to illegally take possession of other people's money and property is an important constitutive element in determining the crime of marital fraud. Second, in terms of objective behavior, the method of fabricating facts and concealing the truth was adopted to deceive the victim's trust. After obtaining the property by deception, the perpetrator uses the property for personal squandering.

In order to cover up the fact of fraud and gain the trust of the victim more, the perpetrator will sometimes spend a small amount of the defrauded money on the victim, but the money is still under the personal control and control of the perpetrator in essence. Third, from the perspective of the ownership of the property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of other persons who have a relationship with the victim, and does not belong to the joint property of both "husband and wife" after the marriage relationship is concluded. Fourth, after the case is discovered, with reference to the victim's attitude, the judicial organs may consider whether it is necessary to prosecute the crime, so as to achieve the unity of legal and social effects.

The relevant legal basis for the association of Ben's texts].

Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

In this case, you are not married to the man, so it is not protected by law, but Keqingshou has not been involved in the issue of returning part of the bride price.

Interpretation of the Supreme People's Court on the Application of Several Questions on Honors and Acceptance (2) Article 10: 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 double potato party has gone through marriage registration formalities but has not lived together; (3) Payments made before marriage and causing 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.

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 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) Payments made before marriage and causing hardship to the payor. The basic principle upheld in this provision is that when deciding whether or not the bride price should be returned, the main basis for judging whether the parties have entered into a marriage relationship is whether or not they have entered into a marriage relationship.

That is, if a marriage relationship is not concluded after the bride price is paid, in principle, the party receiving the bride price shall return the bride price.

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

Article 1046 Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or leader to interfere with it personally.

Article 1047:The age of marriage must not be earlier than 22 years old for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049:A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The completion of the marriage registration is the establishment of the marriage relationship. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051:Marriage is null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.