Xiao Yan and Da Gang met and fell in love when they were working outside, and lived together, and at the engagement ceremony, Da Gang's father gave Xiao Yan a bride price worth more than 60,000 yuan and gold and silver jewelry. Before receiving the certificate, Xiaoyan proposed to break up because of Dagang's derailment and refused to return the bride price. Can the bride price given by the man be refunded?
—— Able to return
Article 6 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
Where the parties have not registered their marriage 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 dowry, comprehensively consider facts such as living together and the circumstances of 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.
This provision requires that facts such as the circumstances of living together and the fault of both parties be taken into account when the bride price is returned. That is, in the case of no marriage registration, the bride price should be returned in principle, but the "reality of husband and wife" living together should not be ignored. This fact not only carries the important purpose of the party who pays the bride price, but also has a certain degree of impact on the physical and mental health of the woman who receives the bride price. In this case, considering the impact of the common life experience on Xiaoyan and Dagang's derailment, the court may reduce the proportion of return at its discretion.
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Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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