Bride price and dowry are a tradition in the mainland for thousands of years, and when it comes to divorce, it involves the question of whether it can be refunded.
In the past, there was a view that the bride price could be refunded if the conditions were met, but the dowry could not be refunded, but this was not in line with people's traditional thinking. That being the case, it should not be in line with the spirit of the legislation.
Next, let's talk about some legal knowledge about bride price and dowry (dry goods).
1. If the legal conditions are met, the bride price can be refunded (but not necessarily 100% refunded).
According to Article 5 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, a refund of the bride price may be requested under any of the following three circumstances:
First, the parties have not gone through the marriage registration formalities. The mainland implements the doctrine of marriage registration, which will only be recognized by the registration law. If it is not registered, it is not recognized in law. There is no legal provision for de facto marriage.
Second, the parties have gone through the marriage registration formalities but do not live together. The purpose of marriage is not only famous, but also real, and it requires a real relationship between husband and wife.
The third is the pre-marital payment that causes hardship to the payor. This is an extremely special circumstance, as it is more difficult to prove that the payer is in hardship.
2. In addition to the above circumstances, there are some special circumstances, the bride price can also be refunded
Since the above-mentioned provisions have not completely resolved some special problems in practice, a new provision has been issued this year.
The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Prices, which came into effect on February 1, 2024, supplement the above provisions:
(1) Even if you have already registered and live together, the bride price can be refunded.
Under normal circumstances, the bride price shall not be returned under the above circumstances, but if the period of living together is relatively short and the amount of the bride price is too high, it may be 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 circumstances of pregnancy, and the fault of both parties, and other facts, combined with local customs, to determine whether to return it and the specific proportion of the return.
(2) Even if the marriage registration formalities have not been completed, as long as they live together, the bride price can not be refunded.
The new judicial interpretation stipulates that the actual use of the bride price and the dowry, comprehensive consideration of the facts of living together and the circumstances of the pregnancy, the fault of both parties, and local customs, shall determine whether to return the bride price and the specific proportion of the return.
3. The dowry should also be considered for return
Like the bride price, the dowry is also paid for the marriage of the parties.
According to the traditional view, the dowry is given to daughters and sons-in-law, and since it is a gift, it cannot be reversed if it is not completed.
But this is different from people's traditional beliefs.
Moreover, from the perspective of the law, since the situation of the dowry needs to be considered when dealing with the return of the bride price.
Then, taking into account the basic principle of equality between men and women, the treatment of dowry should also be carried out with reference to the above-mentioned rules of bride price.
Of course, this requires a comprehensive measurement of the amount of the bride price and the dowry, which mainly occurs when the amount of the dowry is higher than the bride price.
And if the amount of the dowry is lower than the amount of the bride price, the amount of the relevant dowry must be deducted when the bride price is returned.
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