Life is precious, "love" and "price" are higher. In order to pursue her beloved, the rich second generation spent thousands of dollars and spent millions, but failed to keep the heart. What's going on here?
Fall in love at first sight The second generation of the rich spend thousands of dollars to pursue the flight attendant
Xiao Bei is a standard rich second generation, the family opens a mine, Xiao Xue is a flight attendant, the face is good, the two met at a party, Xiao Bei fell in love with Xiao Xue at first sight, and the two sides established a love relationship for more than half a month. At the beginning of the exchange, Xiao Bei, who has a wealthy family, transferred money to the woman's mobile phone from time to time, Xiao Xue did not return to WeChat in time to transfer 520 yuan and 5200 yuan to the woman every few minutes (harmonic I love you), until the woman replied; Xiao Xue was angry and kept transferring 687 yuan (harmonic sorry) until the woman was discouraged, so that the day was less than a few thousand, more than tens of thousands. In addition to generous transfers, Xiaobei is also spending money in gift-giving. After a few days of exchange between the two sides, Xiaobei smiled for Bo meiren and gave Xiaoxue a necklace worth more than 10,000 yuan and a ring worth more than 50,000 yuan, and in January, he sent a "luxury car" worth 680,000 yuan. Since then, Xiao Bei has successively given away various types of precious jewelry, luxury brand clothing and cosmetics such as Xiaoxue necklaces, earrings, jade bracelets, scarves, clothes, etc. to maintain the feelings of the two sides.
Pictured: Xiao Bei and Xiao Xue met at a party. Courtesy of Jinshan Court (same below)
Write a gift letter promising to spend millions of dollars as a gift
However, the good times did not last long, 4 months later, the two sides had a contradiction, after the quarrel Xiao bei compromised again for love, wrote a written gift to Xiao Xue, promising that all kinds of gifts, vehicles, WeChat red envelopes, Alipay red envelopes, tourism expenses, etc. were all under his name, voluntarily donated, never regretted, irrevocable. However, a week after the issuance of the gift book, Xiaoxue still proposed to Xiaobei to break up, and at this time, the value of the gift given by Xiaobei had reached more than 2 million. After the breakup, Xiao Bei, who was deeply mired in the emotional quagmire, still obsessively, felt that he could still save the feelings of both sides, and after hearing that Xiao Xue resigned, he offered to transfer 20,000 yuan to Xiao Xue every month in the name of salary. Until Xiao Bei found out that Xiao Xue was in the process of interacting with him, and interacted with multiple men at the same time, Xiao Bei, who knew the truth, angrily sued Xiao Xue in court, demanding the return of one million love expenses.
Both parties have their own opinions whether the expenditure during love is a gift or a loan
During the trial, Xiao Bei held that the two parties began to talk about marriage shortly after falling in love, and he had also met the woman's parents and had stayed overnight in the woman's home, and these acts could prove that the vehicles, jewelry, transfers and other gifts he gave to the woman were for the purpose of marriage and belonged to the category of marriage property, and now that the two parties had broken up, the purpose of giving away the property was frustrated, so it should be returned. Xiaoxue believes that there is no marriage contract between the two parties, the man's gift of property is an expression of love, and it cannot be measured by the value of the property as a marriage contract property, and the man has promised him in writing that all the property is a gift, and the lawsuit now requires return, which violates the principle of good faith.
Pictured: Xiao Bei wrote a written gift book to Xiao Xue.
Focus of the trial
In this case, which is a property dispute over a marriage contract caused by the gift of a large amount of property during love, one party believes that the nature of the property given during love is a dowry, and the two parties are not married in the end, so they should return the love expenses; the other party believes that the nature of the gift given during love is a gift, and no special circumstances are allowed to be revoked.
After the judge presided over the mediation, the two parties finally reached an agreement on mediation, and Xiaoxue agreed to return some of the discounted price of Xiaobei's vehicles and some jewelry.
Judge's Statement
1. Is the money exchange between men and women a bride price or a gift?
The bride price refers to the payment of gifts and valuables by the man or his family members to the woman or her family members for the purpose of marriage and in accordance with local customs and customs. The determination of whether it is a dowry should be judged in light of the purpose of payment, customs and specificity. The purpose of the dowry payment is to conclude the marriage; custom refers to whether the dowry given to the other party is a local custom; specificity refers to the man or his family.
Consumer expenditures such as items of lesser value and guest expenses voluntarily paid by men and women in the process of interaction should generally be regarded as gifts. Money or valuables paid by the two parties during the period of interaction, which are not based on the custom of bride price, should generally be regarded as gifts.
2. Can the emotional gift during the love period be recovered after the breakup?
In practice, for economic transactions during love, it is necessary to comprehensively judge the nature of economic transactions based on the length of time of love between the two parties, income, assets and other evidence. Generally speaking, red envelopes such as "520" and "1314" or anniversary gifts with commemorative significance such as small gifts of property or daily consumption expenses during the love period are generally regarded as necessary expenses or daily expenses to maintain feelings in the absence of other evidence, and should not be returned. Large economic transactions, on the other hand, are more likely to be considered as gifts by one of the parties based on the purpose of marriage, and can be regarded as a gift with conditions for dissolution.
3. Under what circumstances can I request the return of the dowry?
The judicial interpretation stipulates that in three circumstances, where a party requests the return of the dowry, the people's court shall support it: (1) the parties have not gone through the marriage registration formalities; (2) the two parties have gone through the marriage registration formalities but have not lived together; (3) the payment before marriage has caused the payer to have difficulties in living.
It should be noted that the return of the dowry in the 2nd and 3rd cases above should be premised on divorce, and in addition to the three circumstances of returning the dowry provided for in the judicial interpretation, the judge may determine whether to return the dowry and the specific amount of the return as appropriate in light of the specific circumstances of the case.
4. What are the rules for the form of return of the dowry?
The return of the dowry shall be based on the principle of returning the original property, except where both parties agree to return the goods at a discounted price; if the damage or loss of the goods caused by force majeure or the less value of the goods due to natural damage, one party demands compensation from the other party, which is generally not supported.
Message from the judge
It is normal for men and women to exchange gifts to express their love during love, but whether the large amount of money exchanged between the two parties during the love period is a gift is generally determined by the court based on comprehensive evidence. In order to avoid future economic disputes, during the love period, both men and women should rationally express their love, for large transfers or expenditures that are obviously beyond their economic affordability, they should be rationally considered and act according to their ability; if they pay each other a large amount of money, they should also indicate the purpose of the money.
Correspondent Pan Yan Xinmin Evening News reporter Tu Yu