In order to properly adjudicate cases involving bride price disputes and balance the interests of both parties, the Supreme People's Court today issued a judicial interpretation on the trial of cases involving bride price, standardizing key and difficult issues such as the scope of the determination of the bride price, the principle of return of the bride price, and the qualifications of the subject of the litigation in judicial practice. The judicial interpretation came into force on February 1 this year.
It is expressly forbidden to solicit money or property under the pretext of marriage
Article 1042 of the Civil Code prohibits the extortion of property under the pretext of marriage. The extortion of property under the pretext of marriage violates the principle of freedom of marriage and should be resolutely cracked down. The "Provisions" make it clear that if the other party requests the return of property in the name of marriage in the name of bride price, the people's court shall support it.
Clarify the difference between a bride price and a general gift during a relationship
Although the purpose and motive of the parties are similar to that of the parties during the relationship, the payment of the bride price is generally based on local customs and customs, and the direct purpose is to conclude a marriage relationship, which has a relatively specific scope of extension. To this end, the Provisions make it clear that when determining whether a certain payment is a bride price, it can be determined based on the purpose of the payment by one party, taking into account the local customs of both parties, the time and method of payment, the value of the property, the giver and the recipient, and other facts. For example, you can examine whether the time of payment is at the stage of marriage negotiation between the parties, whether there is negotiation between the parents or introducers of both parties, and the value of the property.
Clarify the types of property that are not part of the bride price
At the same time, the "Provisions" also clarifies several types of property that are not considered bride price by way of reverse exclusion, including: gifts and gifts of little value paid by one party at special commemorative points such as festivals or birthdays, and daily consumption expenses of one party to express or enhance feelings. Such property or expenditure, the amount of which is small, is mainly for the purpose of enhancing affection, and may not be returned when the marriage contract is dissolved or divorced.
The parents of both parties to the marriage contract can act as such
Litigants of marital property disputes
Clarify the subject of litigation involving bride price disputes. In disputes over the return of bride price, the main procedural issue is whether the parents of both parties to the marriage contract can be parties to the litigation. In traditional Chinese customs, the marriage of children is generally handled by the parents, and most of the bride price is also attended by both parents. The "Provisions" fully consider the above-mentioned customs and distinguish two situations: one is the property dispute of the marriage contract. In principle, the parties to the marriage contract are the subject of litigation in such cases, but considering that in practice, the giver and receiver of the bride price are not limited to the parties to the marriage contract, and the parents of both parties may also be involved, in order to respect customs, and at the same time, it is also conducive to ascertaining the facts of the case such as the amount of the bride price and the actual use of the bride price, and determining the subject of responsibility. It is clarified that in a marital property dispute, one party to the marriage contract and his parents who actually paid the bride price can be the joint plaintiffs, the other party to the marriage contract and his parents who actually received the bride price can be the joint defendants, and the second is the divorce dispute. Considering that the subject matter of the divorce dispute is mainly the dissolution of the marital relationship, and it is not appropriate to take other persons outside the marriage as the parties, the Provisions make it clear that if one party files a claim for the return of the bride price in a divorce dispute, the parties are still the husband and wife.
Two new rules have been added for the return of bride price
In recent years, new situations and new problems have emerged in disputes involving bride price. Although the Interpretation (1) of the Marriage and Family Section of the Civil Code stipulates the issue of the return of the bride price, in terms of legal logic, there are still two situations that have not been stipulated, and the relevant rules need to be improved: one is that they are married and live together, and the other is that they have not registered their marriage but have already lived together. In the first case, where the parties have already completed the marriage registration formalities and are living together, and at the time of divorce one party requests the return of the bride price paid in accordance with custom, the people's court should generally not support it. However, it should also be noted that the purpose of paying the bride price is not only to handle the legal formal requirement of marriage registration, but also to live together for a long time. Therefore, the length of time spent together should be an important consideration in determining whether and what percentage of the bride price will be returned. In the case of "flash departure", if the litigation request for the return of the bride price is not supported at all, especially if the high bride price paid by the whole family will cause a clear imbalance between the interests of both parties, the judiciary shall make appropriate adjustments, and determine whether to return the bride price and the specific proportion of the return based on the actual use of the bride price and the dowry, comprehensively considering the amount of the bride price, the circumstances of living together and the pregnancy, and the fault of both parties; However, we should not ignore the "reality of husband and wife" living together. On the one hand, the fact of living together carries the important purpose of the party who pays the bride price, and on the other hand, it will have a certain degree of impact on the physical and mental health of the woman, especially if she has had a pregnancy or given birth to a child. If the party receiving the bride price is required to return all of the bride price only because the marriage registration has not been completed, it violates the principle of fairness and is not conducive to protecting the lawful rights and interests of women, and the actual use of the bride price and the dowry, comprehensively considering facts such as living together and the circumstances of pregnancy, and the fault of both parties, to determine whether to return it and the specific proportion of the return.
Supreme People's Court
Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Price
These Provisions are formulated on the basis of the "Civil Code of the People's Republic of China", the "Civil Procedure Law of the People's Republic of China" and other legal provisions, combined with trial practice, so as to correctly hear cases involving disputes involving bride price.
Article 1: These Provisions shall apply to disputes arising from requests for the return of the bride price after the bride price has been paid in accordance with custom for the purpose of marriage.
Article 2 prohibits the extortion of property under the pretext of marriage. Where one party extorts property in the name of a bride price under the pretext of marriage, and the other party requests to return it, the people's court shall support it.
Article 3: In hearing cases involving disputes involving bride price, people's courts may determine the scope of the bride price based on the purpose of one party's payment of property, and comprehensively considering facts such as the local customs of both parties, the time and method of payment, the value of the property, and the giver and recipient.
Property paid in the following circumstances is not a bride price:
(1) Gifts or cash gifts of little value given by one side on festivals, birthdays, and other occasions with special commemorative significance;
(2) One party's daily consumption expenditures for the purpose of expressing or enhancing affection;
(3) Other property of little value.
Article 4 In a marital property dispute, one party to the marriage contract and his parents who actually paid the bride price may be the joint plaintiffs, and the other party to the marriage contract and his parents who actually received the bride price may be the co-defendants.
In a divorce dispute, if one party submits a claim for the return of the bride price, the parties are still husband and wife.
Article 5: Where both parties have already registered their marriage and are living together, and at the time of divorce one party requests the return of the bride price paid in accordance with custom, the people's courts generally do not support it. However, if the period of living together is relatively short and the amount of the bride price is too high, the people's court may, on the basis of the actual use of the bride price and the dowry, comprehensively consider facts such as the amount of the bride price, the circumstances of living together and the circumstances of pregnancy, and the fault of both parties, and combine local customs, to determine whether to return the bride price and the specific proportion of the return.
In determining whether the amount of the bride price is excessive, the people's court shall comprehensively consider factors such as the per capita disposable income of residents in the area where the bride price payer is located, the economic situation of the payer's family, and local customs.
Article 6: Where both parties have not registered their marriage but have already lived together, and one party requests the return of the bride price paid in accordance with custom, the people's court shall, on the basis of the actual use of the bride price and the dowry, comprehensively consider facts such as living together and having conceived and the fault of both parties, and consider local customs, to determine whether to return the bride price and the specific proportion of the return.
Article 7: These Provisions take effect on February 1, 2024.
After these Provisions take effect, these Provisions apply to first- and second-instance cases that have not yet been concluded by the people's courts. These Provisions do not apply to cases that have already been finalized before these Provisions take effect, or where parties apply for a retrial after they take effect, or where a retrial is decided in accordance with the trial supervision procedures.
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Source: CCTV news client, WeChat of the Supreme People's Court