-
First, let's do a categorization. In a relationship, basic expenses may be divided into these categories: first, small gifts and consumption expenditures; the second is the transfer between couples and more expensive gifts; The third is a large gift after meeting his parents.
Generally speaking, small gifts given to each other by both parties to express their love during a relationship, such as flowers, clothes, cosmetics, etc., are unconditional gifts.
Once delivered, ownership is transferred. After all, red envelopes and transfers between lovers often have special meanings, such as "520", "1314", "etc.", and if there is no evidence to prove that it is a loan, it is generally recognized as a gift, and the delivery is the transfer of ownership. For the determination of the gift of some relatively large amounts of property between lovers, local courts mainly have the following three identification models:
1. Referring to the Supreme People's Court's "Several Opinions on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration", property voluntarily donated by one party to the other party before cohabitation may be treated as a gift relationship. The transfer of ownership is completed after the delivery of cash and goods, and the transfer of ownership is completed after the registration of the real estate. Second, it is with reference to the Marriage Law.
About the return of the bride price.
provisions. If the marriage is not registered.
, generally inclined to be considered a return. 3. It is regarded as a conditional gift for a large amount of gifts, and it is generally believed that a large amount of gifts are conditional, and the condition is that the marriage is made, and if the parties fail to conclude the marriage, the previous gift should be returned. But taking into account the interaction between the two sides.
-
This money can be returned, because this money is the money you took the initiative to give him, so it is said that it can be returned, and this money can be given back to the end.
-
Whether it depends on how it was agreed at the time, if the WeChat Alipay red envelope indicated: Happy Birthday, Happy Valentine's Day, etc., even if it goes to the court, it is likely to be considered a gift, or not to come back, if it is indicated that the money is paid on the premise of marriage, it is generally to be returned, as for whether it is all, it must be negotiated by both parties or the court sue and judgment shall prevail
-
Between lovers, whether the woman gives money to the man or the man gives money to the woman, it is voluntary and not protected by law, if the woman gives money to the party and wants to come back, both parties need to communicate, and if the communication is good, you can come back, if the man cheats, the woman can't do anything, because it is not protected by law.
-
Of course, you can come back, if the amount is huge, you still have to find a way to get it back, if not much, then forget it.
-
The money that is voluntarily spent during the relationship should be dealt with according to different circumstances. If it is a small gift, it can not be returned. If the value is higher, it should be returned.
Where small gifts or gifts are given to each other when they are in love, and they are claimed back when they break up, the court will not support them. Of course, it is rare to go to court because of small objects.
When valuables are given during a relationship, and both parties turn against each other, it is the same as the above case, and you can sue for recovery. This kind of gift is essentially an implied conditional gift, that is, it has an implicit condition attached to the conclusion of marriage and entering into marriage; If the parties break up before marriage, that is, the condition is not fulfilled, there is no legal basis for one party to still possess the valuable property, which constitutes unjust enrichment in law.
-
If the woman explains that the money is lent to the man, then the money can be returned whether it is still together or has broken up, and the money needs to be repaid, if it is not lent to the other party, it cannot be returned!
-
With the details, can the money the woman give the man back? It is impossible to give a relatively small amount of money, if the amount is relatively large and there is a certain amount of evidence, it is possible to get it back through legal means, but the small amount is your voluntary obedience, or the possibility is relatively small.
-
It depends on how you give the money, if it's a holiday, birthday wishes, etc., if the amount is not large, don't mention it. However, if you lend money to the other party and the amount of money is large, you can consider asking the other party for it back.
-
During the relationship, the man transferred 100,000 yuan to the woman, can this money be returned.
-
It's difficult, this kind of thing is justified by the public, and the mother says that the mother is reasonable
-
During the couple's time together, the money given by the woman to the man cannot be returned, because it is a voluntary contribution.
-
Whether the money given by the man to the woman during the relationship can be returned depends on the situation
1. If it is a clear gift and has been delivered, it generally cannot be returned, and even if it is sued, it will be inadmissible with a high probability;
2. For money and property that does not specify the nature of the gift, the general court holds that the gift during the relationship is a gift of a special nature different from the ordinary gift, and it can be returned.
Legal basisArticle 658 of the Civil Code of the People's Republic of China.
The donor may revoke the gift before the transfer of rights 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.
What is the process of filing a lawsuit for economic disputes?
1. Prosecution and acceptance, which is the primary procedure of economic litigation, requires the parties to submit the complaint to the people's court, and the court will decide whether to accept the case according to the circumstances of the complaint, and the people's court has the right to choose not to accept the case if it does not meet the requirements of the law;
2. Preparation for trial, the preparation before the trial needs to be completed by many parties, and the people's court shall send a copy of the complaint to the defendant within five days of filing the case, and the defendant shall submit his own statement of defense within 15 days after receiving the complaint;
3. **, the case shall be tried in public at the determined time, and the people's court shall notify the parties and other persons involved in the litigation three days before **;
4. For judgments and rulings, the people's court shall make a judgment in accordance with law after the conclusion of the courtroom debate.
-
The money that the man gives to the woman during the relationship is generally considered to be a gift and cannot be returned.
Legal basis: Civil Code of the People's Republic of China
Article 657:A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
Article 658:The donor may revoke the gift before the transfer of the right to the donated property.
-
According to the provisions of the relevant laws of our country, the money spent by the man for the woman during the relationship is generally not returned after the breakup, and the items given to the woman are regarded as gifts, while other consumption is regarded as voluntary expenditures. Article 185 of the Contract Law of the People's Republic of China [Definitions] A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. Article 186:[Arbitrary Revocation and Restriction of Gift Contracts]The donor may revoke the gift before the transfer of the rights of the donated property.
The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized.
-
Legal analysis: Transfers made during a relationship should generally not be repaid, but when the nature of the transfer is determined to be a loan, it should be returned. In general, the following types of payments will be considered gifts and do not need to be returned:
1. Money transferred by one party to the other party on special holidays and anniversaries;
2. When making a transfer, it is clearly remarked that it is an expression of love, such as "I love you" in the remarks;
3. Special amount of money to express love;
5. Daily expenditure. Legal basis: Article 657 of the Civil Code states that a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
-
Legal analysis: During the relationship, the man's expenses for the woman's meals and shopping are generally not recoverable, unless the woman agrees to return them; During the period of the relationship between the man and the woman, if the woman asks the man for a large amount of property such as a necklace or an amount of money, the man may request the woman to return it, and if the woman does not return it, the man may file a lawsuit with the woman's place of household registration or habitual residence, and the court may order the woman to return it as appropriate.
Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.
Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
-
Legal analysis: Whether the money given by the man to the woman during the relationship can be returned needs to be analyzed according to the actual situation. If the relationship between the man and the woman is voluntarily given to the woman during the relationship, then it cannot be returned; If the two parties are in a loan relationship, it can be regarded as the relationship between the debtor and the creditor, and they can be recovered, but there is clear evidence to go to court to sue for recovery.
Legal basisArticle 514 of the Civil Code of the People's Republic of China Unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place of actual performance.
Civil Procedure Law of the People's Republic of China
Article 63: Evidence includes: (1) the parties' statements; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.
-
Since it is during the relationship, both parties should be willing to spend money for each other, so why do they want to go back? It can only be said that before spending money, I still think clearly before spending it.
Questions. It's not a boyfriend and girlfriend it's an affair.
I transferred 1000 to him and asked him to come to me, and he asked me how I could pay it back, and I didn't say it at the time, and then he didn't reply to my messages, and Kuaishou blocked me.
It's coming, but it's not the object, I feel like it's a loss, we know that I spent on him, counting the thousand, a total of two thousand, he didn't pay anything, he didn't move after we finished eating, which meant that I was paid, and he didn't reply to my message after half a month.
Dear, how can you get this unprotected by law back? Unless the other party can take the initiative to give it to you, you can't ask for it, so you should buy a lesson.
Girls must know how to protect themselves!
-
Summary. During the relationship, the man can ask for money back to the woman. "During the relationship, the man's expenses for the woman's meals, shopping, etc., are generally not recoverable, unless the woman agrees to return them; During the period of the relationship between the man and the woman, if the woman asks the man for a large amount of property such as a necklace or an amount of money, the man may request the woman to return it, and if the woman does not return it, the man may file a lawsuit with the woman's place of household registration or habitual residence, and the court may order the woman to return it as appropriate.
During the relationship, the man can ask for money back to the woman. "During the relationship, the man's expenses for the woman's meals, shopping, etc., are generally not recoverable, unless the woman agrees to return them; During the period of the relationship between the man and the woman, if the woman asks the man for a large amount of property such as a necklace or an amount of money, the man may request the woman to return it, and if the woman does not return it, the man may file a lawsuit with the woman's place of household registration or habitual residence, and the court may order the woman to return it as appropriate.
Generally, it is not returned, and the money given by the man to the woman during the relationship is regarded as a gift from the man to the woman. If both parties have previously agreed or written an IOU, the money can be returned.
-
The amount of money that a man gives to a woman during a relationship depends on the situation. If both parties agree to borrow money, it needs to be returned. If it is a gift, the delivery will take effect, and it does not need to be returned if it is not legal.
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.
Note: The Civil Code will come into force on January 1, 2021.
No. Because that's what you want me to do. The country is not easy to manage. Although I didn't get a marriage certificate, if I want to get the money back, I'm afraid it's impossible?
There are many reasons why couples are together, such as two people who are very speculative, or two people who are a good match, etc.
This is what the law calls a "joint debt", even if you are divorced, you must be liable, if the creditor cannot find your husband to pay back, then they can demand that you return all the debts, and you can recover from your ex-husband afterwards.
You don't have to have someone to love, but you have to love someone well! >>>More
True love is acceptance, not endurance; It is support, not domination; It's a condolence, not a question. >>>More