"Q&A 37" If the relationship is terminated or the cohabitation relationship is dissolved, can I ask for a break-up fee?

A: Generally not. The break-up fee is neither tortious, nor contractual, nor unjust enrichment.

However, after the termination of the romantic relationship or the dissolution of the cohabitation relationship, during which one party has terminated pregnancy, childbirth, or suffered violent injuries, etc., and requires the other party to bear the actual expenses or determines the expenses to be spent, the court may support it.

After the termination of the romantic relationship or the dissolution of the cohabitation relationship, during the period of termination of pregnancy, childbirth or violent injury, etc., the man has voluntarily paid relevant property in excess of the actual expenditure, and the man repents afterwards and requests return, the court generally does not support it.

The basis for this is that the payment of property during love should generally be regarded as a gift, and in principle, it is not allowed to be revoked after the actual performance of the gift.

Article 658 of the Civil Code of the People's Republic of China stipulates: "The donor may revoke the donation before the right to the donated property is transferred.

The provisions of the preceding paragraph shall not apply to notarized donation contracts or donation contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled that cannot be revoked in accordance with law. ”