#Taizhou Headlines #An article to understand which gifts need to be returned after a love breakup? Those gifts don't need to be returned? #Li Zhengbao Lawyer ##Wenling Lawyer #Whether the gift during the love affair between men and women is returned

#台州头条 #

Read what gifts need to be returned after a love breakup? Those gifts don't need to be returned?

#Mr. Li Zhengbao # #Wenling Lawyer#

Whether or not a gift between a man and a woman during love is returned should comprehensively consider factors such as the process of love between the two parties, the value of the property, and their respective economic affordability to distinguish whether it is a general love gift or a gift premised on a certain purpose or condition.

During the period of love, the gift of property not exceeding the reasonable range between the man and the woman shall be deemed to be a general gift, and once the part of the gift is delivered, the donation contract is formed and takes effect, and the donor shall not revoke the gift and require the recipient to return the donated property.

For the gift of property with a relatively large amount, although the two parties did not explicitly indicate it when they formed the gift contract, both parties understood that this gift implied the good wishes of the two parties to conclude marriage or live together in the future, and was not simply for the purpose of transferring property rights without compensation, that is, this special form of gift should be regarded as a gift with conditions for rescission, and when the purpose of concluding a marriage or living together cannot be realized, the conditions for rescission are fulfilled, the donation contract is invalid, and the recipient should return it.

In November 2021, a court in Taizhou heard a dispute between plaintiff Ren and defendant Zhang Mouyi over a donation contract. After a love breakup, what gifts need to be returned? Those gifts don't need to be returned?.

The court found out that the plaintiff Ren and the defendant Zhang Mouyi met on June 26, 2021, established a romantic relationship on July 25, 2021, and broke up in September of the same year. During the love period, the two sides called each other "husband" and "wife", and Ren successively gave Zhang Mouyi a Bulgari ring worth 22,300 yuan, a Cartier necklace worth 24,700 yuan, a Harry Winston diamond necklace worth 177,100 yuan, a Blancpain diamond watch worth 202825 yuan, a Bulgari necklace worth 38,000 yuan, and a Bulgari bag worth 26,000 yuan. Ren had pursued others before establishing a romantic relationship with Zhang Mouyi, and had given gifts worth nearly 100,000 yuan to the other party during the pursuit, and his daily consumption level was high.

The court found that Ren and Zhang Mouyi had a short time from the time of acquaintance and love to the time when the two parties broke up, and Ren gave Zhang Mouyi a large amount of property, including Bulgari rings, Cartier necklaces, Harry Winston diamond necklaces, Blancpain diamond watches, Bulgari necklaces, Bulgari bags, etc. The value of the gifts given by Ren in the process of pursuing others before this love and the value of gifts given in this love show that Ren Jie's consumption level exceeds the general consumption level, so the Bulgari ring, Cartier necklace, Bulgari necklace, and Bulgari bag given by Ren to Zhang Mouyi should be recognized as general gifts during the love period to win favor or enhance feelings, and Zhang Mouyi also pays in love, so it should not be claimed to be returned after the two parties break up. And its gift of Harry Winston diamond necklace worth 177100 yuan, Blancpain diamond watch worth 202825 yuan, and Harry Winston brand (Harry Winston) contains the beautiful meaning of husband (husband) and wife (wife), which has exceeded the scope of daily exchanges, the gift should be regarded as Ren Jie with the hope that both parties live together and maintain an identity relationship, can not be defined as a general gift during love, and now the two parties have ended their love relationship, If the conditions for the termination of the gift contract are fulfilled, Zhang Mouyi shall return it.

The court ruled that the defendant Zhang Mouyi returned to the plaintiff Ren, a Harry Winston diamond necklace (numbered 734123, the certificate number 6375095459), a Blancpain diamond watch (serial number 5126), or paid the value of the corresponding item 379925 yuan within fifteen days from the effective date of this judgment. Dismiss the plaintiff's claim for the return of other gifts.

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