Introduction
As an encyclopedia of social life, the Civil Code is a motherly person who is the whole country. In order to implement the requirements of the 20th National Congress of the Communist Party of China to "carry out in-depth publicity and education on the rule of law and strengthen the concept of the rule of law for the whole people", the Third Branch of the Beijing Municipal People's Procuratorate created the "Civil Code Inspection" WeChat legal popularization platform, starting from the relationship between a person's life and the Civil Code, through the procurator's explanation of the law and the interpretation of the law with cases, so that the Civil Code can go to the masses and enter the hearts of the masses, actively respond to the people's urgency, hardship and hope, and strive to practice the feelings of the procuratorate for the people.
● One question per issue ●
Who is the plaintiff in a lawsuit involving the return of the bride price? Who is the defendant? A small theater of the rule of law
Aunt Yu:
Girl, you are about to marry Da Zhuang, my mother told you, tomorrow the two families will meet to discuss the engagement, you can't say anything, this bride price is less than 200,000, don't think about marrying this in-law with me!
Dani:
Mom, why are you like this? How can a lion like you open his mouth? The highest bride price in these ten miles and eight towns did not exceed 60,000. Besides, the Da Zhuang family is not rich, you also know that his father has to spend a lot of money on medicine all year round.
Aunt Yu:
Sensei told me this, I don't care what his family is like, I just need money. The daughter I worked so hard to raise can't be given to others for nothing.
Dani:
Are you marrying a girl or selling a girl?
Aunt Yu:
You were raised by me, and I have the final say on my own daughter.
Dani:
Mom, do you know you're breaking the law? The law provides for the freedom of marriage and prohibits the use of marriage to solicit property from the other party.
Aunt Yu:
Don't scare your mother, if his old Zhao family wants to marry a daughter-in-law, he has to voluntarily give me money, and if he gives me, it will be mine, how can there be any reason to go back.
Dani:
You are wrong, the relevant laws of the Civil Code stipulate that in the name of bride price, the law supports people to go back to ask for property through marriage. You also know Da Zhuang's temper, he was anxious, he sued the court with a complaint, you still have to be a defendant, and in the end, even if 200,000 yuan is in your pocket, you have to take it out, and even my marriage is also disturbed, you told me to marry in the future, woo......
Aunt Yu:
If you dare to sue, you two want to get married, what do you care about me? Look at you child, my mother is reluctant to tease you, why are you still in a hurry? Da Zhuang is a good boy, how can I embarrass him? What money is not money, it means that we will be a family in the future!
According to the prosecutor
prosecutor
The Civil Code and related judicial interpretations, including the newly implemented Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes Involving Bride Price (hereinafter referred to as the "Provisions"), all take a clear stand against the solicitation of property from the other party in the name of marriage, and promote a healthy and civilized new style of marriage. The "Provisions" further make it clear that if one party claims property in the name of bride price through marriage, and the other party requests to return it, the people's court shall support it. Considering that in practice, in many cases, the parents of both parties participate in or even lead the negotiation and payment and receipt of the bride price, the Provisions further clarify the subject of litigation in disputes involving the bride price. In a dispute over marital property, the parents who actually paid and received the bride price may be listed as co-plaintiffs or defendants of one of the parties to the marriage contract. However, if both parties are married, in a divorce dispute, if one party files a claim for the return of the bride price, the parties to the litigation are still husband and wife, and the parents of both parties cannot be co-plaintiffs or defendants.
Relevant legal provisions
Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.
Article 2 of 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 Price" prohibits the solicitation 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 4: In marital property disputes, one of the parties to the marriage contract and the parents who actually paid the bride price may serve as joint plaintiffs; The other party to the marriage contract and his or her parents who actually accepted the bride price may be 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.
Producer: Beijing Municipal Inspection Branch
Contributed by: Liu Chenxia, Fifth Procuratorial Department