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Financial transactions during the relationship are generally regarded as gifts, and it is recommended that both parties negotiate and settle them. If the negotiation fails, the people's court may be requested to make a ruling.
There are probably two types of financial disputes that arise during a relationship, namely the mixing of property during cohabitation and gifts during a relationship.
Legal analysis: Economic transactions during a relationship are generally regarded as gifts, and it is recommended that both parties negotiate to settle them. If the negotiation fails, the people's court may be requested to make a ruling.
There are probably two types of financial disputes that arise during a relationship, namely the mixing of property during cohabitation and gifts during a relationship.
1. Mixing of property generated during cohabitation.
Cohabitation is different from marriage, there are no obligations and rights between the two, but when two people live together, there is often a mixture of property, which can be interpreted in accordance with the co-ownership relationship of the Property Law. This basically means that the property, debts, and other things that occur when two people live together should be divided equally between the two people. However, from a practical point of view, there are not many things that two people can divide, after all, it is not a marriage relationship, at most it is some decorations or daily necessities, so you don't need to pay special attention to it.
2. Gifts during the relationship.
After a love breakup, what can really reach the point of dispute is often the things that two people give each other, and one party may give the other party precious things, such as houses, cars, jewelry, etc. From a legal point of view, it is mainly dealt with in accordance with the Contract Law. It probably means that what has already been delivered cannot be returned, and can be revoked at any time before the delivery is completed.
Of course, you can also find a way to sue, but the court will most likely not support it, even if the two parties have indicated that it is a relationship of borrowing and repayment, they must come up with corresponding evidence.
The legal basis is the 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. 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.
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1. Negotiation is negotiated between the two parties to see if it can be returned. Peaceful settlement.
2. Find an arbitration institution to have a fair arbitration for each other's expenses in love. It's fair for both sides.
3. Go through the legal processIf two people have a quarrel, it is the worst, and they can only go through the legal process.
4. Seek litigation to settle the case. You can file a lawsuit with the court, and the court will decide whether to return it.
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Legal analysis: Mutual payment of property during a relationship is an act of gift. In the case of a love breakup economic dispute, the parties can resolve it through negotiation, and if they cannot reach an agreement, they can solve the problem through litigation.
The legal basis is the Civil Code of the People's Republic of China
Article 663.
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.
Article 665.
If the person with the right of revocation revokes the gift, he may request the donee to return the donated property.
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The solution to the economic dispute of the breakup of the relationship is: the economic dispute during the relationship is generally regarded as a gift and can only be resolved through negotiation between two people. If it is a gift, it generally cannot be returned, unless it is a valuable item for the purpose of marriage; The borrowing relationship can also be refunded.
How to solve financial disputes in love breakups
Hello! Dan Song <>
Dear, glad to answer for you! <>
The solution to the economic dispute of a love breakup is: the economic dispute during the relationship is generally regarded as a gift, and can only be negotiated by two people and not resolved. If it is a gift, it generally cannot be returned, unless it seems that Zheng is a valuable item for the purpose of marriage; The borrowing relationship can also be refunded.
After the breakup of the relationship, the economic disputes also need to be resolved according to the situation, for example, the property that the two people live together or consume together, these are not returned by the other party, and the jewelry, burning money, etc. given during the relationship are generally not the same as the bride price, and the property delivered during the relationship is completed even if it is given free of charge, and the court generally does not support the return. During the relationship, valuable property is given and returned as appropriate.
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