Linlin and Da Liu lived together and gave birth to a son, the two held a wedding but did not go through the marriage registration procedures, Da Liu gave Linlin 170,000 dowry, three years later, the relationship between the two broke up and broke up, Da Liu sued Linlin to return the dowry, can his claim be supported by the law?
- Not supported.
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 article regulates whether the bride price should be returned if there is no legal requirement for marriage but there is already a marriage. In this case, if the woman is required to return all the money just because the marriage has not been registered, it is contrary to the principle of fairness and is not conducive to the protection of the legitimate rights and interests of women, and it should be reduced. If they have lived together for a longer period of time and have already conceived children, they may not even be returned. In this case, the two parties have been living together for more than three years and have given birth to a son, and in order to protect the legitimate rights and interests of women, Da Liu's request for the return of the bride price is not supported.
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Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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