(Falling in love is a beautiful thing, but when the relationship ends, how do you deal with the money exchange between the two parties?) ）
A romantic relationship is a special intimate relationship, which is different from a marital relationship, which has rights and obligations under the law; but in a romantic relationship, the law is not prescribed.
Recently, the author received a consultation from a customer.
Client: "Lawyer Tan, I broke up with my girlfriend, can I get the money I transferred to her back?" ”
Author: "It depends on the nature of the money. ”
After the termination of the relationship, how to deal with the money exchanges between the two parties during the relationship?
Today, the author shares relevant legal knowledge with you in this article.
Some transfers with special significance are generally considered to be unconditional gifts that express friendship, such as "520", "1314" and other transfers, in the absence of other evidence, at the end of the relationship between the sexes, the donor requests a refund, generally not supported.
A gift contract is a contract in which the donor gives his or her property to the donee free of charge, and the donee agrees to accept it. The gift contract can be written or oral. However, gratuitous does not mean that there are no conditions, and gifts can be divided into unconditional gifts and conditional gifts according to whether they are conditional or not. According to the relevant provisions of the Civil Code, after the donation is established and before the donation is delivered, the donor has the right to revoke the donation at will, except for the public welfare nature such as poverty alleviation and disaster relief, but it cannot be revoked after the donation is delivered. For conditional gifts, if it is a gift with conditions for cancellation, the donor may choose to cancel the gift when the conditions are fulfilled.
Whether it is an unconditional gift or a conditional gift, the court will have a large discretionary space for judges according to the specific circumstances of the case and the economic development of the locality, and the determination is also different.
Do loans during a relationship need to be returned?
Need, even during the love period, the two lovers are still independent of each other at the legal level, are independent individuals, if it is indeed a loan, it is a clear private lending legal relationship, there are real money transactions between the borrower and the lender, there is a real loan agreement between the two parties, legally the two parties have formed a creditor's rights and debts relationship, which should be returned in accordance with the agreement of both parties and the provisions of the law.
Therefore, when a party sues on the legal relationship of private lending, in addition to the transfer records, it should also provide evidence that the two parties have reached a loan agreement on the transfer, such as the information records and IOUs of the other party that it clearly indicates that it wants to borrow money, etc., otherwise it may bear the legal consequences of producing unfavorable evidence.
If it is a dowry, it shall be returned if it meets the legal circumstances of return.
In traditional marriage customs, when the man and the woman talk about marriage, the husband often needs to pay the woman money to express the sincerity of entering into a marriage, that is, the dowry is usually called, because it is different from the general gift, and there is a separate cause of action in the court trial process, that is, the marital contract property dispute.
When one party presents evidence to confirm that the transfer is indeed a dowry, according to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China: "If the parties request the return of the dowry paid in accordance with customs, if it is found that the following circumstances are found: (1) the parties have not gone through the marriage registration formalities; (2) the parties have gone through the marriage registration formalities but have not lived together; (3) the premarital payment has caused the payer to live in difficulties." The application of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties. ”。
If one party conceals or fabricates facts for the purpose of illegal possession, and deceives the other party of money under the guise of love, reaching the statutory amount, it may constitute the crime of fraud.
According to article 266 of china's Criminal Law: "Whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; if the amount is huge or has other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the amount is particularly large or has other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have his property confiscated." Where this Law provides otherwise, follow those provisions. ”