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Before getting married, the woman asked for a 100,000 meeting gift, and when the time came, she regretted that she was not married, of course, she could return it. The lawsuit is also successful, but the process is more troublesome.
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It seems that you are very rich, and the meeting gift is 100,000, since you can come up with this number, the woman should not regret the marriage, you should also understand the woman's background, don't be fooled.
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The bride price is refundable because the bride price is a gift for the purpose of marriage and is a conditional gift.
So if you don't get married, you should quit.
But it's hard to say about the greeting gift.
This woman is going to be so high-minded, you have to think about it carefully.
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The greeting gift is not a bride price! If you can't get married, the bride price should be returned. The bride price can be returned, but the meeting gift is a gift and can not be returned.
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If the woman regrets not getting married, she will definitely be able to quit.
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Must be returned! It must be withdrawn from every point of view!
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If you can get it back, you will be able to calculate the interest after a long time.
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The welcome gift should be a bride price. By bank transfer to the woman. Once the woman repents of the marriage and does not register the marriage, she can claim that the woman return it. If it is not returned, the negotiation fails, and it can be resolved by suing the court.
The legal basis is 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
Article 10: Where parties request the return of 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.
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Interpretation II of the Marriage Law stipulates that there are three types of circumstances under which the bride price may be returned: the payment of the bride price regrets the marriage, and the parties have not completed the marriage registration; Even if the parties have gone through the marriage registration formalities, they have not lived together and divorced; The payment of the bride price before marriage has caused hardship to the payor, and the return of the bride price may also be claimed on this ground in the event of divorce.
Marriage registration is one of the legal requirements for the establishment of a marriage relationship. However, this does not mean that the legitimate rights and interests of the parties in an unregistered marriage are not protected by law.
Where the parties have not gone through the marriage registration formalities, but have lived together in the name of husband and wife for a short period of time and are unwilling to continue living together, causing certain losses to the other party, and the other party requests the return of the bride price, the party claiming the bride price should return it in accordance with the principle of fairness.
If the parties have not registered their marriage but have lived in the name of husband and wife for a long time, after the dissolution of the marriage contract, when the man requests the woman to return the bride price, the provisions of Interpretation II of the Marriage Law cannot be unilaterally cited to order the woman to return the man's property, and the losses suffered by the woman should be fully considered.
Finally, in a relationship, items and property given to the other person in the form of gifts will not be returned.
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Who is at fault? After marriage, due to the boy's main shouting and filial piety Yinliangguan, the wrong behavior led to the breakdown of the marriage. The bride price does not need to be refunded.
The man is not at fault, and the woman has a crush on others. If you don't want to pass it, the bride price will be returned. Whether or not to return the bride price, it is best to sit down calmly and negotiate face-to-face to resolve.
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Hello, the bride price is voluntary, and it all depends on the individual's will. In fact, marriage is the same, depending on the personal expression of the will of both parties. The bride price is a good lotus, and there are no special regulations as for the amount, mainly according to local customs.
From a legal point of view, there is also a return of the bride price. If the bride price is not returned, the first thing to see is whether the two parties have registered their marriage, and those who have not gone through the registration procedures generally have to be returned. Secondly, even if the parties have registered their marriage, if the parties do not live together or the husband has difficulties in living because of the payment of the bride price, then it is usually necessary to return it.
Article 1042 of the Civil Code: Arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.
Article 5 of the Interpretation of the Marriage and Family Section of the Civil Code (1): When a person who is aware of the matter 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) 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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If the oral agreement is to get married, then as long as the wedding is held and the contract is established, the bride price cannot be refunded. If there is no wedding and the two people break up, because the contract is not established, the bride price can be refunded.
This distinguishes between real marriage and fake marriage, such as knowing each other for a short time, getting married in a hurry, and asking for a divorce after a short time after marriage.
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Legal analysis: According to the relevant laws and regulations, the bride price is generally given by the man to the woman before the marriage, which has the nature of a gift in law, and this gift occurs before the marriage is concluded. Therefore, the bride price is generally the property acquired by the woman before the marriage, and should belong to the woman's personal property, not to the joint property of the husband and wife.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China.
The following property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in the will or in the gift contract of the digging bright stove; (4) Daily necessities for the exclusive use of one side; (5) Passing off other property that should belong to one party.
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Summary. Hello dear, I am happy to answer your <>
According to the provisions of the judicial interpretation, if you are married and live together, you do not need to return the bride price<> but if the two parties go through the marriage registration formalities but do not live together, they need to be refunded<> if the bride price is 100,000 yuan after 2 years of marriage.
Hello dear, I am happy to answer your <>
According to the provisions of the judicial interpretation, if you are married and live together, you do not need to return the bride price<> but the two parties go through the marriage registration procedures but do not change their lives together and live in the same town is a <> kiss, hello after the divorce, the woman needs to return the bride price There are only two kinds of situations, one is that the two parties go through the marriage registration procedures but do not live together, and the other is the man who pays before marriage and causes difficulties in his life later, in addition to the above two simple or deferred situations, the woman and the man have been married for more than two years and divorced, The woman does not have to return the bride price. Whether or not the parties have entered into a marriage relationship is the main basis for judging. If a marriage relationship is not concluded after the bride price is paid, the bride price shall be returned in principle; If they are married, in principle, the bride price will not be returned (except for some special circumstances); Where a marriage ceremony is held in accordance with custom but no marriage certificate is obtained, the bride price shall not be returned in principle when the cohabitation is dissolved.
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Summary. Hello, I am happy to serve you The bride price of 100,000 yuan for 2 years of marriage can not be returned, the woman has been married and lived together for two years, the bride price does not need to be returned in principle, unless there is a situation where the man pays the bride price and causes difficulties in life and is difficult to maintain, in accordance with the relevant laws and regulations of the country, the bride price is for the purpose of marriage between the two parties as a condition of payment, in principle, the two parties have reached a marriage relationship and live together, and the divorce does not need to be returned, In specific circumstances, a judgment may be made through negotiation or litigation with the court.
Hello, I am happy to serve you Marriage 2 years bride price 100,000 can not be returned, the woman has been married and lived together for two years, divorce in principle the bride price does not need to be returned to the oak and, unless there is a man to pay the bride price caused by life difficulties and difficult to maintain the situation, in accordance with the relevant laws and regulations of the country, the bride price is for the purpose of the two parties to get married as a condition of payment, in principle, the two parties have reached a marriage relationship and live together, divorce does not need to be returned, In specific circumstances, a judgment may be made through negotiation or litigation with the court.
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 to fall under the following circumstances: (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) Premarital payments that cause hardship to the payor.
Is it preparing for divorce.
Yes, he has to give 100,000 bride price for 2 years of marriage, he likes to copy it for a few days.
This kind of thing does not need to be returned.
Thank you. Have you ever lived together in two years of marriage?
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Summary. Kiss Marriage for 2 years bride price of 100,000 generally does not need to be refunded Oh Men and women have been married and lived together for two years, divorce in principle does not need to be returned, unless there is a man to pay the bride price caused by life difficulties and difficult to maintain, in accordance with the relevant laws and regulations of the state, the bride price is for the purpose of marriage between the two parties as a condition of payment, in principle, the two parties have reached a marriage relationship and live together, divorce does not need to be returned, In the case of a registered marriage and cohabitation, it is generally not returned, whether it is in theory, the provisions of judicial interpretation, judicial practice or customs, the understanding is the same
Kiss Marriage for 2 years The bride price of 100,000 is generally not required to be refunded Oh The man and woman have been married Li Huai and have lived together for two years, and the bride price does not need to be returned in principle, unless there is a situation where the man pays the bride price and causes difficulties in life and is difficult to maintain, in accordance with the relevant laws and regulations of the state, the bride price is for the purpose of marriage between the two parties as a condition for payment, in principle, the two parties have reached a marriage relationship and live together, and the divorce does not need to be returned. In the specific case, the judgment can be made through negotiation or litigation to the court, and in the case of a registered marriage and cohabitation, it is generally not returned, whether it is in theory, the provisions of judicial interpretation, judicial practice or customs, the understanding is the same
The bride price accepted by the relatives has been spent in the common life, and the object of its rights no longer exists, and it cannot be returned; On the other hand, the bride price is used for living together, in fact, it has been mixed with the joint property of the husband and wife, and it should not be returned, the husband and wife have registered their marriage and live together, in principle, the divorce bride price belongs to the woman's family, even if the potato is divorced early, it generally does not need to be returned, because the bride price is generally a gift from the man to the woman before marriage, and it belongs to the personal property of the woman, and does not need to be divided. However, under the statutory conditions, if the payment is made before marriage and the payer has difficulty in living or has not lived together after going through the marriage registration formalities, the bride price needs to be returned
Hello dear <>
Could you please tell us more about the specific situation<>
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I think the woman should try her best to redeem it, in fact, money is not important, the important thing is that two people love each other and can live a good life.
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If you want money, you will lose this man, if you don't want to lose this man, then you don't want money, and apologize to the man.
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I think the man's decision is very correct, so that the marriage, even if they are really together, will they really be happy?
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Marriage is still based on the premise of pants love, and on the day of the wedding, the sudden increase of 100,000 dowry does not notify the man, it is obvious that he does not respect the man, so it is normal for the other party to be angry and want to withdraw from the marriage.
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In fact, this is very excessive, if Jian Jian still cares about this man, he should not add the 100,000 dowry, and apologize to the man in time to save this relationship.
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The gold jewelry given by the man to the woman before marriage is a kind of premarital gift: according to the existing cases, if the woman Gao Que withdraws from the marriage, it is generally the full amount of the pre-marital gift given by the man, because this kind of gift actually has an agreement between the two parties, that is, the two parties establish a husband and wife relationship, which generally includes cash and valuable jewelry.
1. If the bride price is received or purchased by one party personally, the property donated by one party during the existence of the husband and wife relationship shall be the joint property of the husband and wife unless there is a special agreement.
2. If the man and woman do not live together, the property shall be reasonably divided according to the ** of the property.
3. If the marriage between the two parties lasts for a short period of time, and the party who gives the bride price causes difficulties in life, it may be dealt with in accordance with the spirit of Article 8 of the above provisions, and the party who has difficulties in life shall be given appropriate preference when dividing the joint property.
4. The bride price is in the possession of one of the families. Since the bride price is not transferred to the property community of the husband and woman, but is only occupied by one of the families, it is not the joint property of the husband and wife.
5. If a man and a woman live together without going through the marriage registration formalities, and the bride price received has indeed been used for living together, the bride price does not need to be returned after divorce. In the event of the death of the parties to the marriage contract during the marriage contract, the bride price does not need to be returned after the divorce. However, this does not apply if a lawsuit has already been filed before death.
Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
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