In the civil society, when the marriage is concluded, there is the act of the man providing the woman with a dowry and a dowry after the preliminary agreement of the marriage, and in this process, the dowry and dowry are called the bride price. The bride price is the man's attitude of treating the woman as a treasure and sincerely asking for marriage, and it is also a thank you and salute to the father-in-law and mother-in-law for raising their daughter well.
However, in real life, the man's payment of the woman's bride price does not mean that he can enter the palace of marriage, and it is not uncommon for disputes arising from the marriage contract issue to go to court.
So in real life
After the marriage agreement between the man and the woman is concluded
Such as one party repents
Can the bride price be recovered?
case
The woman did not want to live together after the wedding
Not long ago, Song Mou, who was far away, came to the Xuanwei City People's Court and submitted a complaint. "Tang and I have already held a wedding, but the other party is not willing to live with me, nor is he willing to get a marriage license with me, so I ask the woman to return me the bride price and other more than 190,000 yuan." Under the questioning of the court officers, Song Mou told the whole picture of the matter.
In March 2020, Song and Tang were introduced to each other, and the two sides chatted on WeChat for more than a month to determine a romantic relationship. Soon after, the two parties began to agree on engagement and marriage.
In May 2020, Song Mou gave gifts to the woman according to the local customs and habits of Xuanwei, purchased gold rings, gold necklaces, gold bracelets and other jewelry for Tang, and personally delivered the dowry of 88888 yuan to The hands of Tang's mother.
In July 2020, the two sides held a wedding, but because Song mou worked in the field, the two places were too far apart, and the two sides rarely saw each other. During this period, Song transferred 520 yuan, 1314 yuan and other amounts to the woman several times. After that, Tang Mou did not want to go to other places to live with Song Mou, and did not go through marriage registration procedures with Song Mou for a long time.
Song believes that Tang has no feelings for himself, does not want to live with him anymore, and has no intention of receiving a marriage license. To this end, Song sued the court, demanding that Tang return the dowry and other money totaling more than 190,000 yuan.
conciliation
The woman returns some of the jewelry and gift money
After informing both parties to appear in court, the judge found that the contradiction between the two was very sharp, and there were great differences of opinion on the return of the dowry, and both parties had elders and relatives involved, resulting in the case becoming more complicated.
In the process of mediation, the judge undertaking the case analyzes from the perspective of jurisprudence and human feelings, adopts the "back-to-back" mediation method to persuade, explains the legal provisions to both parties, and advises both parties, hoping that both parties can take care of the past and even if they cannot continue to live together, they should get together and disperse.
After the judge's patient and meticulous mediation, the two parties finally reached a mediation agreement voluntarily, and Tang returned a total of 92,000 yuan in dowry and transfer to Song, and returned the gold necklace and gold ring in court.
Interpretation
Unmarried dowry should be returned
Article 1042 of the Civil Code prohibits arranged marriages, the sale and purchase of marriages, and other acts that interfere with the freedom of marriage. It is forbidden to use marriage to claim money. Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members is prohibited. Among them, the provision of "prohibiting the use of marriage to obtain property" is essentially to prohibit the use of marriage as an excuse to demand "sky-high dowry".
The Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code (1) starts from the practical solution of practical problems and makes relatively clear provisions on whether the dowry should be returned.
Article 5 of the Interpretation clearly stipulates that if a party requests the return of the dowry paid in accordance with custom, the court shall support it if it is found that the following circumstances are: 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 pre-marriage payment has caused the payer to have difficulties in living. The application of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.
However, in the case where the two parties have not gone through the marriage registration formalities but have already lived together, whether the dowry should be returned and the amount to be returned, the judge should consider the actual situation such as the length of life of the two parties and the use of property.
The judge who heard the case pointed out that China is a country of etiquette, and the etiquette in the process of marriage between men and women carries the expectations of relatives for marriage, the blessings for the newlyweds, and the yearning for the future. In traditional Chinese culture, the dowry has the function of determining the marital relationship and expressing the feelings of both parties. However, if the amount of the dowry is too high, there will be a contradiction in the payment of the dowry, or because the dowry will be returned to the dowry, the beautiful meaning contained in the dowry itself will be lost.
The judge hopes that everyone will take their marriage seriously, do not bring huge losses due to a momentary impulse, and cannot turn emotional expression into material exchange, and should establish correct marriage and love values.
Source 丨Yunnan Legal Daily
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