The dowry is a dowry, the common name of the dowry, is for the purpose of marriage, in accordance with local customs and customs, when the marriage agreement is initially concluded, one party or its family members to pay gifts and valuables, from the legal nature is a kind of gift behavior conditioned on marriage.
01
Xiaomei and Dazhuang were introduced by friends to know and fall in love, and after half a year they were ready to get married, Dazhuang heard that it was illegal to ask for a bride price after the implementation of the Civil Code, so he advocated not giving a bride price, Xiaomei disagreed, believing that the bride price for marriage was a respectful attitude shown by the man sincerely asking to marry the woman, and the two sides were very unhappy about it.
Q
What are the provisions of the Civil Code on the issue of the bride price? Is it really illegal to give a bride price?
A
Article 1042 of the Civil Code stipulates that arranged, buying or selling marriages and other acts interfering with the freedom of marriage are prohibited. It is forbidden to use marriage to claim money.
This provision refers to the fact that the purpose of making money cannot be achieved through marriage, and it is forbidden to use marriage to obtain property, which does not mean that the dowry cannot be received, and both parties must be based on the principles of voluntariness, freedom, reasonableness, good faith, combined with their own economic conditions. The essence of the dowry is the act of conditional gift, for the purpose of marriage, when the conditions are not fulfilled, the gift is automatically dissolved, and the party who pays the dowry requires the other party to return the dowry.
02
After Xiaomei received Dazhuang's bride price, she happily held a wedding with Dazhuang, but did not go to the marriage registration office to register the marriage. A year later, the couple often quarreled over some trivial matters, Xiaomei proposed divorce in a huff, Da Zhuang thought that divorce could be done, but the dowry given to Xiaomei when getting married should be returned, Xiaomei naturally disagreed, thinking that the wedding had been handled, and the name was justified, and resolutely did not agree to return the dowry.
If I don't have a marriage license, can I refund the bride price?
According to the provisions of the Civil Code, the completion of marriage registration is the establishment of a marriage relationship, so if the parties have not gone through the marriage registration procedures, that is, the marriage relationship has not been established, the return of the dowry must be comprehensively considered on the specific circumstances of the case.
Article 1049 of the Civil Code stipulates that both a man and a woman who request marriage shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Completion of marriage registration, i.e. establishment of the marriage relationship. Where marriage registration has not been completed, a supplementary registration shall be completed.
Article 5 of the Judicial Interpretation (I) of the Supreme People's Court on the Application of Marriage and Family Provides that "where a party requests the return of a dowry paid in accordance with customs, the people's court shall support it if it is found that it falls under the following circumstances:
(1) The parties have not gone through the formalities for marriage registration;
(2) The parties have gone through marriage registration formalities but have not lived together;
(3) Premarital payments and result in hardships in the life of the payer.
The application of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties. ”
As to whether the dowry should be returned, as well as the amount and scope of the return, the court will make a comprehensive judgment based on the economic situation of the party paying the dowry, the motivation for paying the dowry and the use of the dowry.
In response to the government's call,
Advocate the new marriage office,
No or less dowry!
Contributed by: The Second Procuratorial Department of the Wuping County Procuratorate
Editor-in-charge: Zhong Wei
Review: Wen Qunying, Liu Qiujin
Producer: Cheng Qingfan, Lan Zhiyuan