Lovers transfer money between each other and send red envelopes to each other can be said to be a necessary move to maintain a relationship and heat up feelings, which is something you love and I wish, and naturally there will be no disputes during the period of love. However, once they break up, these transfers and red envelopes become the origin of contradictions, and it is not uncommon to sue the court.
Today is Valentine's Day, and we talk about the property disposal between couples. Today's young, falling in love has been different from the past, and many times it is accompanied by large cash expenditures. So can the transfer between couples be returned after the breakup?
There are two kinds of transfers between couples: one is a transfer that is not premised on couples, such as borrowing and gifting behavior between couples, this part of the behavior, if it belongs to the loan, whether it is a couple or not, needs to be repaid, and the breakup can be repaid according to the agreement between the two parties. If it is a gift, it should be judged according to the legal rules of general gifts, and if there is evidence to prove that the transfer is indeed a gift, it cannot be returned under normal circumstances.
The other is a transfer that presupposes a couple. Generally divided into three cases, one is a gift that expresses love, such as a gift that expresses love such as a transfer of 520, 1314, etc., which cannot be returned. Another situation is when a gift for the purpose of marriage is considered a dowry, and if the parties ultimately fail, the party who paid the dowry has the right to demand that the other party return the dowry. There is also a case where the transfer is used for consumption between couples, and this kind of consumption behavior cannot be returned.
For these transfers or red envelopes, is it a gift or a loan? Does the other party have an obligation to return? Situation-specific analysis is required. Common consumption between lovers, intensive, trivial transfers or some transfers with special significance, such as "520" and "1314", are usually considered to be unconditional gifts to express friendship or necessary expenses, and once paid, the gift is completed, and the other party has no right to demand return.
For large transfers or property, such as "dowries", the parties often live together or marry for the purpose of being considered a conditional gift. After the two parties break up, the purpose of the donation of one party cannot be realized, and the property acquired as a result of the gift should be returned (if the plaintiff has evidence to prove that it is a loan, it should also be returned). Whether some of the other transfers are loans or gifts depends on the evidence provided by the plaintiff. If the plaintiff can provide IOUs, receipts, relevant chat records and other evidence of creditor's rights, it should be considered a loan; if there is only a transfer record and no other evidence, it may be characterized as a gift.
It is said that "brothers settle accounts clearly", and in order to avoid possible disputes, from a certain point of view, the same should be true between lovers. If the borrowing behavior really occurs, the borrower should retain written evidence as much as possible, and write the IOU and the intentional or unintentional mention in the chat record if allowed. If it is only to express friendship and there is no lending behavior, the recipient should not show love or compensation in the form of an IOU, IOU or a loan.
When an economic dispute occurs after a couple breaks up, the two parties should still negotiate and deal with it calmly, minimize the impact of the dispute on both sides, and avoid "losing both sides". Of course, I still hope that both parties cherish this relationship, after all, "five hundred times of looking back in the past life, in exchange for the passing of this life."