bride price
Originated from the ancient times of the continent
The "Six Rites" in Marriage Customs
There are two families
Good wishes for "Yiqi room home".
Some people may wonder
"One is willing to fight, one is willing to suffer" bride price
Why do we need the judiciary to make rules?
In recent years, the amount of bride price in many places has continued to rise, and the number of bride price disputes has shown an upward trend. The distorted "bride price concept" has caused economic pressure on young people and even bred illegal crimes. The Supreme People's Court issued a judicial interpretation on the trial of cases involving bride price, which will come into force on February 1, 2024, to curb the bad habit of high bride price and help change customs.
What is considered a "high amount"?
Whether the amount of the bride price is too high shall comprehensively consider factors such as the per capita disposable income of residents in the place where the bride price payer, the economic situation of the payer's family, and local customs.
The bride price cannot be a burden on marriage, and marriage cannot be "fulfilled" by the bride price. The judicial department's unification of adjudication standards, clarifying standards, and determining points to stop disputes is of special significance for the governance of "sky-high bride price".
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 between two situations:
The first 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, and the other party to the marriage contract and his parents who actually received the bride price can be co-defendants.
[Basic facts of the case]
Zhang Moumou and Zhao Moumou (female) were introduced to each other, and the two parties decided to marry in April 2022. Zhang Moumou paid Zhao's parents, Zhao Moumou and Wang Moumou, a wedding gift of 36,600 yuan, and in September 2022, Zhang Moumou transferred a bride price of 136,600 yuan to Zhao's bank account. Zhao Moumou and others purchased a dowry worth 1,120 yuan and placed it at Zhang's place. The parties did not register their marriage and did not hold a marriage ceremony. In September 2022, after the two parties dissolved the marriage contract, a dispute arose over the return of the bride price, and Zhang Moumou sued to request Zhao Moumou and his parents Zhao and Wang to jointly return the bride price of 173,200 yuan.
【Judgment Result】
The trial court held that the parties had not registered their marriage, and the existing evidence was insufficient to prove that Zhang and Zhao had lived together continuously and stably, and that Zhang had no obvious fault, but the evidence in the case could also prove the fact that Zhao had also paid for the marriage, so the case involved in the case should be appropriately returned after deducting the dowry. On the issue of whether Zhao and Wang are qualified defendants in this case, the trial court held that the 136,600 yuan of the bride price involved in the case was directly paid by Zhang to Zhao by transfer, and Zhao should bear the responsibility for returning it, and after deducting the dowry, the 121,820 yuan should be returned at its discretion;
The second is divorce disputes.
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.
[Basic case details] In September 2020, Wang Moumou and Li Moumou (female) registered their marriage. Wang's family is a low-income family in the local area. In order to marry the other party smoothly, Wang Moumou paid Li Moumou a bride price of 188,000 yuan. Li Moumou terminated her pregnancy in April 2021. Due to the deepening family conflict between the two parties, Wang Moumou sued for divorce in February 2022 and asked Li Moumou to return the bride price of 188,000 yuan.
The trial court held that due to the lack of understanding between the parties before the marriage and the fact that they had not established a deep relationship after the marriage, the marriage had no possibility of survival, and granted the divorce. Combined with the local economic living standard and the economic situation of Wang's family, the bride price of 188,000 yuan paid by Wang was too high, which actually caused a heavier burden on the family. Comprehensively considering the fact that the two parties have lived together for a short time and that the woman has terminated the pregnancy, in order to properly balance the interests of both parties and resolve conflicts and disputes, it is decided that Li Moumou will return the bride price of 56,400 yuan.
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 provides for 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;
The second is that they have not registered their marriage but have 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, in addition to the legal formal requirement of marriage registration, the purpose of the bride price is more important, and the parties have lived together for a long time. Therefore, in the case of "flash departure", the interests of both parties will be clearly unbalanced, and the judiciary should make appropriate adjustments to determine whether to return it and the specific proportion of the return.
[Basic facts of the case]
Liu and Zhu (female) established a relationship in July 2020 and registered their marriage in September 2020. In the month of marriage, Liu transferred a sum of 800,000 yuan to Zhu's bank account with a postscript of "bride price", and transferred a sum of 260,000 yuan with a postscript of "hardware". Both parties work and live in cities in different provinces. Later, due to disputes over preparations for the wedding and other matters, the parties divorced by agreement in November 2020, and the marriage relationship lasted less than three months. No children born after marriage, no joint property, no joint claims and debts. The parties lived together for a short time, and incurred some expenses for preparing for the wedding banquet, taking wedding photos, traveling together, and relating with relatives and friends. After the divorce, a dispute arose over the return of the bride price, and Liu sued Zhu to return the bride price of 1.06 million yuan.
【Judgment Result】
According to the trial court, the bride price is a payment by one party to the other in accordance with custom at the time of marriage. As to the nature of the money involved in the case, in addition to the 800,000 yuan that has been clearly marked as a bride price, the 260,000 yuan remarked as "hardware" is also in line with the general perception of bride price in wedding customs, and should also be determined to be a bride price. Regarding the determination of living together, although the two parties have already registered their marriage, judging from the subsequent shooting of wedding photos and the preparation of the wedding banquet, the two parties are still in the process of holding the wedding ceremony in accordance with customs. The marriage relationship between the parties lasted less than three months, during which the parties worked and lived in different cities, and did not form a consistent plan for how to work, live and live in the future. Although the parties have lived together for a short time, they have not yet formed a complete family community and a stable living state, so it cannot be deemed that they have a stable life together. In view of the fact that the two parties have registered their marriage, and after Liu paid the bride price, the two parties have common expenses such as joint preparations for the wedding ceremony, joint travel, and exchanges between relatives and friends, this part of the expenses will be deducted. Accordingly, the court determined at its discretion that the bride price of 800,000 yuan should be returned.
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. 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.
[Basic facts of the case]
Zhang and Zhao (female) were introduced to each other in November 2018, lived together since February 2019, and gave birth to a son in June 2020. In January 2021, the two parties held a marriage ceremony, and the marriage registration procedures have not been completed so far. Zhao received a bride price of 160,000 yuan from Zhang. Later, the relationship between the two parties broke down and the cohabitation relationship was terminated in August 2022. Zhang sued and claimed that Zhao returned 80% of the bride price, totaling 128,000 yuan.
【Judgment Result】
The trial court held that the parties had lived together since February 2019 and held a wedding in accordance with folk customs, that the parties had given birth to a son during their common life and that they were now over 2 years old, and that they would inevitably incur related expenses due to daily consumption and childbirth and raising children during the period of living together, and that it would be obviously unfair to Zhao if they still asked for the return of the bride price after living together in the name of husband and wife for several years and having raised children together for 2 years, so the judgment rejected Zhang's litigation claim.
The bride price is a symbol of beauty
Not a "marriage sale"
May the "bride price" return to the track of "ceremony".
How much is the bride price at your house?
Have anyone around you ever quarreled over the bride price?
How did they cope?
Please share it in the comments section
End
Editor: Wang Xin
Reviewer: Zhong Ling
Review: Liu Hao
Source: Youth Shenzhen is comprehensively compiled from CCTV, Judicial Case Research Institute of the Supreme People's Court, and Visual China
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