"I was cheated by her for 250,000." In April 2020, a man in Hunan, Xiao Cai Jingren, introduced himself to a successful blind date with a woman. In September of the same year, Xiao Cai's family collected 104,000 yuan of dowry money, and also prepared 24,000 yuan of gold utensils, which were sent to Xiao Duan's family, so the two were engaged.
Although the two did not receive a license, according to local customs, Xiao Duan became Xiao Cai's wife in the eyes of everyone. Xiao Cai earns money working outside the home and will also transfer money to small sections. Transfers with special significance such as "2020 yuan (love you love you)" and "13145.20 yuan (i love you in a lifetime)" are not uncommon.
Whenever Xiao Duan needs something to buy at home, Xiao Cai is not stingy. In the two years of exchanges between the two sides, Xiao Cai spent more than 100,000 yuan on Xiao Duan before and after. But no one expected that on the second day of the Chinese New Year (February 3) this year, after a small section of makeup, he would not quit.
Xiao Cai felt that he had been deceived and wanted Xiao Duan to give an explanation in person, but Xiao Cai could not contact Xiao Duan. So Xiao Cai found the media for help, when the reporter met Xiao Duan's family, the other party also said that he could not find anyone, and bluntly said that he was willing to return the dowry and gold utensils.
However, Xiao Cai could not accept it, and he believed that either Xiao Duan would come back to continue to live a life, or he would return all the 250,000 that had been spent on Xiao Duan in the past 2 years. (Source: Help the girl to the end)
1, Xiao Cai believes that xiao Duan's behavior is a fraud, obviously they are on a blind date, the dowry money is also paid, and an additional 100,000 yuan is given. Now I actually play missing silently, is not a scam what it is?
According to the provisions of the Criminal Law, fraud is the act of fabricating facts for the purpose of illegal possession to cause the other party to have a wrong understanding and voluntarily hand over property. If the amount of fraud meets the criteria for filing a case for prosecution, it may be convicted and sentenced.
In this incident, whether the behavior of the small segment is a fraud remains to be investigated. But judging from the fact that Xiao Duan's parents are willing to return all the dowry, and the situation that Xiao Cai has been working outside the home in the past two years, and the two have gathered less and left more, I think it is more likely that they will be separated because of emotional problems. Not to mention that Xiao Cai and Xiao Duan are not a legal couple, the two are just lovers.
2. Legally speaking, can Xiao Cai claim the refund of the 250,000 yuan?
The 250,000 yuan that Xiao Cai refers to should be divided into two parts, one part is the bride price and gold utensils, and the other part is the gift and other expenses between the daily couple. Half of them are dowries and gold utensils, and half are daily gifts and expenses.
According to the provisions of the Interpretation of the Marriage and Family Code of the Civil Code, if the two parties have not gone through the formalities of marriage registration, the dowry shall be returned.
Therefore, Xiao Cai has the right to demand that Xiao Duan return the dowry and gold ware of 104,000 yuan. Now Xiao Duan's parents agreed to return the dowry and gold utensils in front of the reporter, but the other part of the money, Xiao Cai can only find Xiao Duan to ask for.
3. Can Xiao Cai ask Xiao Duan for this other part of the money back?
In the 2 years that Xiao Cai fell in love with Xiao Duan, Xiao Cai sent red envelopes to express love many times, such as: 2020 yuan, 13145.20 yuan, 520 yuan, etc. This type of transfer is generally regarded as a gift method that deepens the feelings of both parties and cannot be revoked.
Xiao Cai once bought daily necessities for Xiao Duan's family, and also handed over a part of the money to Xiao Duan for safekeeping, which belonged to the gift with marriage conditions. Since Xiao Duan does not want to get married now, I think it should be refunded.
Finally, we hope that Xiao Duan will not escape this matter, marriage and love in the mainland is free, if you really do not want to marry Xiao Cai, then make it clear to your face.
However, we found a detail in the video, that is, Xiao Cai was reluctant to enter Xiao Duan's home from beginning to end, and Xiao Duan's father also said with a helpless face that the two could not come together. Is there anything hidden in this?
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