Marriage Law, Bride Price, What are the Bride Prices in 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 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 application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

2. Judging from your description, you are engaged, but you have not gone through the marriage formalities, so the bride price collected should be returned.

3. However, if the bride price is used for the cost of the engagement, the expenses will not be refunded.

Your legal liability is to return the bride price. Article 3 of the Marriage Law prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Article 10 of the Interpretation (2) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if 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.

According to the above regulations, you must return the bride price collected.

Article 10 of Interpretation 2 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.

It can be made clear that even if the bride price is returned, there is no need to bear other legal liabilities.

You don't have to pay it back. The bride price is not a private loan, it should be regarded as a gift.

And if you accept the bride price, you don't have any receipts or anything like that, and he has no evidence or any evidence, and he won't be able to win the lawsuit in court.

According to the provisions of the Marriage Law, you are not actually married, so the bride price should be returned.

No, the law stipulates that you do not need to refund it.

Legal Analysis: The Marriage Law does not stipulate the specific form of the bride price. Bride price is one of the ancient Chinese wedding customs, also known as betrothal gifts, dowry gifts, dowry gifts, etc.

In the old days of marriage in Zhongminzhou, there was a custom of giving each other a bride price and a dowry when the marriage agreement was initially reached, which was commonly known as a dowry and dowry"Bride price"。

Legal basis: "Supreme People's Court Interpretation (1) on the Application of the Marriage and Family Section" Article 5: 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 registration formalities for getting married and holding the file;

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.

Neither the new Marriage Law nor the Civil Code (in force) has provisions on bride price, but these provisions are covered in the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law, and the specific provisions are as follows: Article 10 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 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 are made before marriage and cause hardship to the person who has not paid the payment.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application. Article 5 of the "Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family" 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 completed 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 provisions of items 2 and 3 of the preceding paragraph shall be applied, and the divorce of both parties shall be a condition.

Legal Analysis: New Provisions on Bride Price in the Marriage Law in 2021. In the latest law, the provisions on bride price are mainly added to "prohibit arranged marriages and prohibit the extortion of property by marriage", and other content provisions have not changed significantly so far.

Legal basis: Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited.

Abuse and abandonment between family members are prohibited.

Legal analysis: bride price, also known as dowry in some areas, has a strict target, only refers to the fact that according to local customs, the man gives the woman a certain amount of cash or property before marriage, indicating his sincerity in wanting to conclude a marriage with the other party, and the marriage formed by it is called "dowry" in ancient Chinese law. Because of the accompaniment, if the man pays the other party money and property, it is based on local customs and customs, and in order to finally conclude a marriage relationship with the other party, he has to pay it as a last resort, and it has obvious local customs, it is a bride price.

If the property is not paid as a last resort in accordance with local customs and customs, or if there is no local custom that a bride price must be paid in order to enter into a marriage relationship, but the husband pays it completely voluntarily and without any conditions, it is an ordinary gift and not in the nature of a bride price. It should be handled as a general gift, and if the divorce is not voluntarily returned by the woman, the court will generally rule not to return it.

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 neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years 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 authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.