Bride price is a traditional wedding custom in mainland China
There is a broad socio-cultural base
But in recent years
In some places, the amount of bride price continues to rise
Form a wind of comparison
In order to properly hear cases involving bride price disputes
Balance the interests of both parties
Issued by the Supreme People's Court
"On the Trial of Cases Involving Bride Price Disputes
Provisions on several issues of applicable law》
The new regulations will come into force on February 1, 2024
The regulations were officially introduced this time
What are the main contents?
It is expressly forbidden to solicit money or property under the pretext of marriage
The Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Price (hereinafter referred to as the "Provisions") reiterate that it is forbidden to solicit 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 issued by the Supreme People's Court this time 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 two 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 clarify several categories of property that are not considered bride price:
- One party pays the other party property of little value at special commemorative occasions such as festivals or birthdays;
- Daily consumption expenses for the purpose of expressing or enhancing affection.
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.
Clarify the subject of litigation involving bride price disputes
In traditional Chinese customs
Marriages of children are generally carried out by their parents
Most of the parents of both parties are involved in receiving and giving the bride price
So can both parents be able to?
What about being the subject of litigation in such disputes?
The "Provisions" fully consider the relevant customs and distinguish between two situations:
- Divorce disputes are mainly for the purpose of dissolving the marital relationship, and it is not appropriate to take other people outside the marriage as parties, so the "Provisions" make it clear that if one party files a lawsuit for the return of the bride price in a divorce dispute, the parties are still the husband and wife;
- In the case of a marital property dispute, one party to the marriage contract and his or her 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.
Improve the rules for the return of bride price
Recently
New situations and new problems have emerged in disputes involving bride price
For example, they did not live together for a long time after registration
Unregistered, but living together for a long time or even having children
How should it be judged?
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 should 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 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.
In the second case, if the parties have not registered their marriage, the bride price shall, in principle, be returned. 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.
The "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes Involving Bride Prices" was adopted by the 1905th meeting of the Adjudication Committee of the Supreme People's Court on November 13, 2023, and is hereby promulgated, to take effect on February 1, 2024.
Supreme People's Court
January 17, 2024
Legal Interpretation [2024] No. 1
Supreme People's Court
Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Price
(Adopted at the 1905th meeting of the Adjudication Committee of the Supreme People's Court on November 13, 2023, to take effect on February 1, 2024)
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 bride price disputes.
Article 1: These Provisions shall apply to disputes arising from requests for return after the bride price has been paid in accordance with custom for the purpose of marriage.
Article 2: It is forbidden to solicit 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 on the basis of the purpose of the property paid by one party, 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 holidays, birthdays and other occasions with special commemorative significance;
(2) Daily consumption expenses incurred by one party to express or enhance affection;
(3) Other property of little value.
Article 4: In disputes over marital property, one party to the marriage contract and its parents who actually paid the bride price may serve as joint plaintiffs, and the other party to the marriage contract and its parents who actually received the bride price may serve as 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 live 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 completed marriage registration 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 circumstances of the dowry, comprehensively consider facts such as living together and the circumstances of the pregnancy, 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.
Source: Suzhou Fire Department, Suzhou News