When Xiaomei and Da Liu got engaged, Da Liu's parents gave Xiaomei 20,000 yuan to change her mouth, and the two began to live together without registration. Soon due to a conflict to break up, the marriage did not conclude, should the "change fee" be refunded?
- It should be refunded at its discretion.
Article 10 of the Civil Code shall be handled in accordance with the law, and where there are no provisions in the law, custom may be applied, but it must not be contrary to public order and good customs.
Article 3 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bride Price Disputes" Article 3: In hearing cases involving bride price disputes, people's courts may determine the scope of the bride price based on the purpose of the payment of property 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.
At present, the mainland law does not clearly stipulate the "change fee", so it should be handled in accordance with custom without violating public order and good customs. In this case, on the day of Xiaomei and Da Liu's engagement, Da Liu's parents unilaterally gave a "change of mouth fee", and the nature of the money should be equivalent to the bride price in light of the customs at the time of the engagement. Now that the two parties have not gone through the marriage registration formalities and have not concluded a marriage, Da Liu's claim for the return of the "change of mouth fee" should be supported. Considering that the parties have already lived together, part of the "change fee" should be refunded at the discretion.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
Poke the small flower in the lower right corner to share it with more people