"Is there an object? When are you going to get married? Why don't you fall in love yet? Then don't hurry up and blind date..." Every Spring Festival comes to the peak period when singles are urged to marry and forced blind dates, and the reunion dinner table is asked by seven aunts and eight aunts in turn, and some people even call the Spring Festival a "blind date day".
Compulsory course 1: Is it illegal for my relatives to force me to go on a blind date all the time?
【Lawyer's answer】
Others force you to go on a blind date, and the behavior is not illegal. The law stipulates the freedom to marry, you don't want to get married, no one can force you, if you force you, it is illegal! Of course, if you just care about you, want to introduce you to someone, and ask you to go on a blind date, then this is not illegal. In addition, relatives let you go on a blind date, most of the starting points are to wish you well, you must also learn to think differently, how do relatives not force others to go on blind dates!
Compulsory lesson 2: Successful blind date, the man wants me to return the property he gave during the relationship, do I need to return it?
【Lawyer's Advice】
Consumption activities in which men and women exchange gifts or spend money in order to cultivate feelings during their relationship are generally of a gift nature, and the gift has been actually fulfilled, and in principle, it cannot be revoked. For example, "520", "1314" and other WeChat red envelopes, anniversary gifts, etc. with special significance such as showing love should generally be regarded as necessary expenses for maintaining feelings or joint consumption by both parties, and do not need to be returned.
In addition, if a large amount of money is paid for the purpose of marriage, it should generally be regarded as a bride price. If you do not have a marriage certificate, the dowry should be returned.
【Legal basis】Civil Code
Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee indicates that he accepts the gift.
Article 658 The donor may revoke the gift before the transfer of rights to the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that cannot be revoked in accordance with law and have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled.
Article 1042 Arranged marriages, the sale and sale of marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to extort money through marriage.
Article 1046 Marriage shall be of the full consent of both men and women, and it is forbidden for either party to compel the other or for any organization or individual to interfere.
Article 1047 The age of marriage shall not be earlier than 22 years for men and 20 years for women.
The Supreme People's Court on Application
Article 5: Where parties request the return of the dowry paid in accordance with customs, the people's court shall support it if it is found to fall under the following circumstances: (1) The parties have not gone through the marriage registration formalities; (2) Both parties have gone through marriage registration formalities but have not lived together; (3) Payments made before marriage that cause hardship to 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.
Lawyer reminds
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The Civil Code prohibits the expropriation of property through marriage. The bride price does not fall within the category of extorting property through marriage, and it is objectively a folk custom and is not expressly prohibited by law. Therefore, the dowry itself is not illegal.
During the period of love, both men and women should also treat each other sincerely and kindly to each other in accordance with the principles of public order and good customs. Of course, after the two parties during the period of love are in love and get married, the husband and wife should repeat their words, teach knowledge, cultivate morality, practice and ear, and establish a good family, tutoring, and family style.
Author:
Yin Xiangyu
Deputy Director of Anhui Yinping Law Firm
Planning
Anhui Provincial Research Center for Rule of Law Publicity and Research
Anhui Provincial Lawyers Association