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Anonymous users2024-02-09Legally speaking, you have a legal basis for this, although the gift money you give is a gift. Moreover, money belongs to movable property, and the transfer of property rights in movable property is the transfer of the subject matter. The money has been given.
But here our winnings can be seen as a kind of "conditional gift" The reason why you will "give" the bonus is because you want to get married, marriage is a condition, and now that your girlfriend is gone, the marriage will not be completed, and the winnings must be returned. Theoretically, you don't have to worry, wait for the woman to return the gift money, after all, the woman ran first, and it is not a glorious thing for the parents over there to take the gift money first. So, wait a while and see what the woman's parents do.
If you are in a hurry, then go to the woman's parents to negotiate and you can get it back, if they insist on not giving it or play scoundrels saying that your gift money is voluntarily given by you, and your girlfriend is your bubble, then you can seek a lawsuit to solve the problem.
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Anonymous users2024-02-081. If a party's request for the return of the bride price paid in accordance with custom is verified by the people's court to fall under any of the following circumstances, it will be supported:
1) The two parties have not gone through the marriage registration.
2) The two parties have registered their marriage, but they do not live together.
3) Due to the payment of bride price, resulting in difficulties in the payer's life.
Where the provisions of paragraphs 2 and 3 are met, divorce shall be a prerequisite.
2. If the man and the woman have only completed the engagement ceremony and have not registered the marriage in accordance with the law, then the man may claim the return of the bride price in accordance with the first paragraph of the above-mentioned law.
If the parties have registered their marriage but do not live together, the husband has the right to claim the return of the bride price if the parties divorce.
If both parties have registered their marriage and are living together, but the man or the woman file for divorce, and the man, as the payer of the bride price, can prove that the payment of the bride price has caused him or her own hardship, he can also request the return of the bride price.
In the judicial interpretation, "the payer's living difficulties due to the payment of the bride price" refers to the fact that the payer's economic situation cannot meet the minimum local subsistence guarantee due to the payment of the bride price.
Judicial basis: 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.
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Anonymous users2024-02-07According to Article 20 of Interpretation 2 of the "Marriage Law of the People's Republic of China", 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 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.
Zongheng Legal Network Guizhu lawyer.
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Anonymous users2024-02-06Legal analysis: If the man and woman have not gone through the marriage registration formalities; The parties have registered their marriage but are not yet living together; The man has difficulties in living because of the bride price paid before marriage; The bride price should be returned.
Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" 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 marriage registration formalities;
2) The parties have gone through marriage registration formalities but do not live together; Mimashi.
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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Anonymous users2024-02-05After the engagement, the bride price can be returned. If it falls under one of the following circumstances, the bride price can be returned: the man and the woman have gone through the marriage registration but have not cohabited; A man who buys a bride price before marriage and causes the man's life to be difficult; The woman did not register her marriage.
The first two cases must be conditional on the divorce of both parties.
[Legal basis].Article 10 of Interpretation II on Several Issues Concerning the Application 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 two parties have not gone through the registration formalities for marrying relatives;
2. The party has gone through the marriage registration formalities but does not live together;
3. Paying before and causing the payer to have difficulties in life.
The application of the provisions of item (subparagraph) of the preceding paragraph shall be conditional on the divorce of both parties.
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Anonymous users2024-02-04Legal Analysis: The engagement bride price can be returned. 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) 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.
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.
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Anonymous users2024-02-03The engagement bride price can be returned. Where a party requests the return of the bride price paid to Tuliang 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 subparagraphs (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. Article 1042 of the Civil Code prohibits arranged marriages, buying and selling marriages, and other acts that interfere with marriages and are self-indulgent. 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.
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Anonymous users2024-02-02It depends on the situation: 1. If it is ascertained that the following circumstances fall under the circumstances, the two parties may be buried and want to come back, that is, the two parties have not gone through the marriage registration formalities, the two parties have gone through the marriage registration formalities but have not lived together, and the payment has been made before marriage and caused the payer to have difficulties in his life. 2. If there is no such circumstance, it cannot be returned.
Article 1042 68 of the Civil Tract Code 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. Bigamy is prohibited.
It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Duan La prohibits abuse and abandonment among family members.
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Anonymous users2024-02-01The bride price can be returned, and the bride price is one of the ancient Chinese wedding customs, also known as betrothal gifts, dowry gifts, dowry gifts, etc. Legal basis: 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 to fall under the following circumstances:
1) The parties have not gone through the marriage registration formalities; (2) The two parties have gone through the formalities of marriage registration 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.
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).
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 marriage registration formalities; Honorable.
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.
Of course it's different, there will be a lot of subtle changes in life, I personally think that engagement is actually in the family adaptation process of officially marrying each other, so that you can learn to deal with the relationship of this family, at this time if you do something wrong, no one will blame you, but it will be different when you get married, as for the details you said later, this is not very important, but you must be attentive, and you can do it best, because your every move is related to the warmth index of this family! >>>More
I don't know what the customs are in your family, if the woman takes the initiative to withdraw from the marriage, she will return the gift money, and if the man proposes to withdraw from the marriage first, then the woman does not need to return the gift money, I hope it can help you.
There is no fixed time for how long after the engagement, mainly depending on their actual situation, and some people think that it is better for the couple to get married within one or two months or half a year after the engagement. In short, it depends on what the newcomers think. >>>More
After the divorce, if the woman's hukou stays in the local area, and she also obtains the permission of the local department, of course, she can enjoy the local preferential policies, provided that the local government must agree to her to stay in the local hukou, since her hukou has stayed in the local area, she is also a local person, and she will definitely enjoy the local policies.
It depends on your customs. There is also the 4-5w gift money that the landlord said is given to the other party, so is the other party a dowry thing? If you don't marry, in other words, it's selling. >>>More