Can I get back the items I gave during my relationship when I break up?

However, soon, her boyfriend proposed to break up. Zhang Hong sued the court in her grief and asked Li Yong to return her mobile phone. A few days ago, the court made a first-instance judgment in this case, rejecting Zhang Hong's litigation claim.

Case playback] After Zhang Hong and Li Yong met and fell in love, Zhang Hong spent money to buy a mobile phone worth more than 4,000 yuan and gave it to Li Yong in order to stabilize the relationship between the two parties. Soon after, Li Yong began to refuse to meet with Zhang Hong, until finally proposed to break up. After the breakup, Zhang Hong asked Li Yong for a mobile phone many times, but was refused.

As a last resort, Zhang Hong sued the court to demand that Li Yong return the mobile phone or pay more than 4,000 yuan for the mobile phone.

During the trial, Zhang Hong believed that the original act of giving away a mobile phone was based on Li Yong's willingness to fall in love and marry him, and it was a conditional gift. Now that the relationship between the two parties has been terminated, they have the right to revoke the gift and demand that the other party return the gift. Li Yong denied that Zhang Hong gave away the watch, saying that he had never received a mobile phone.

Li Yong argued that during the relationship, he spent more than 10,000 yuan on inviting Zhang Hong to dinner and buying gifts, and even if he received a mobile phone, it was a normal interaction between boyfriend and girlfriend, so he did not agree with Zhang Hong's litigation request.

In order to prove that Li Yong received the mobile phone given by herself, Xiaohong provided the court with evidence such as ** recordings and text message records. In this regard, Li Yong believes that the recording does not mention the mobile phone, and the mobile phone number that receives the text message is not owned by him, so he cannot prove that he has received the mobile phone.

Judging from the ** recording provided by Zhang Hong, Li Yong did not raise any objection to Zhang Hong's proposal to return the mobile phone. On the contrary, Li Yong once said in ** that he had no money to return Zhang Hong's cost of buying a mobile phone. It can be seen that the fact that Zhang Hong gave Li Yong's mobile phone objectively exists, and the court affirmed it.

However, the achievement of marriage and love relationship should be based on feelings, and the conditions attached to Zhang Hong's gift act are marriage and love, which lacks basis and violates common sense. Moreover, the value of the gift was not very expensive, and the act did not affect Zhang Hong's life.

At the same time, according to the law, the donor can revoke the gift before the transfer of the right to donate the property, and now Ah Yong has confirmed that he has received the mobile phone donated by Xiaohong, and the property rights have been transferred, and Zhang Hong has requested to revoke the gift, and there is no legal basis for returning the mobile phone. [Dictionary of Law].

Contract Law of the People's Republic of China

Article 192: The donor may revoke the gift if the donee falls under any of the following circumstances:

1) Seriously infringing upon 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 reason for revocation.

Article 195: If the donor's economic situation deteriorates significantly, seriously affecting his production and business or family life, he may no longer perform the gift obligation.

Lawyer's tip: It is difficult to recover small items given during the relationship, and if the amount involved is large, or even affects the normal life of one party, the court may revoke the gift. Therefore, men and women in love should focus on emotional communication and try to avoid too much money exchange.

Can you get the gifts you gave during your relationship back after you break up?

Legal analysis: After the breakup of the love to give the other party's valuables or huge amounts of property, the giver can claim to get it back. Valuables given by one partner to the other in a relationship or engagement should generally be returned after the breakup.

Because valuable property or money exists on the basis of a romantic relationship or a marriage contract, and the premise is to marry it, once this relationship does not exist, the premise of the gift is lost, and the other party loses the basis for acquiring the property, and the further possession of the property is unjust enrichment and should be returned.

Legal basis: Article 158 of the Civil Code of the People's Republic of China: Civil juristic acts may be conditional, except where conditions may not be attached on the basis of 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.

Legal analysis: Under normal circumstances, if the small items given during the relationship to express love are not large in quantity and value, they generally do not need to be returned, and they will be recognized as gifts, and the gift cannot be revoked without special circumstances; However, if the purpose is marriage or the amount involved is relatively large, or even affects the normal life of one party, the court may revoke the gift.

Legal basis: Article 663 of the Civil Code of the People's Republic of China 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.

Legal Analysis: Whether or not you need to return it after a breakup depends on the situation. Generally, if the amount of property given to each other during the period of love and cohabitation is not large and the value is not large, it cannot be divided according to the cohabitation property, and generally does not need to be returned; However, if it is a large amount of property donated to the other party for the purpose of marriage, it is a returnable bride price, or if there is a revocable gift, it needs to be returned.

Legal basis: Article 658 of the Civil Code of the People's Republic of China 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.