On May 20th, many friends in love will send flowers, transfer money, and show affection...... A previous dispute case has attracted widespread attention.
Previously, the Beijing Haidian District People's Court concluded a loan dispute case, finding that there was a difference in the nature of WeChat red envelopes and transfers, red envelopes were gifts, and transfers were loans, and accordingly ordered the defendant to repay the plaintiff's loan of 12,900 yuan.
coincided with "5.20", transfers like 520 yuan and 1314 yuan, if you break up, can you still come back?
01
Can I get my "520" and "1314" transfers back?
Li Wenfeng, assistant judge of the Haidian District People's Court in Beijing, introduced that on special days such as Valentine's Day or "5.20", special amounts such as 520 yuan, 1,314 yuan, and 9,999 yuan may be considered to have special meanings and belong to gifts, and couples cannot claim to return them when they break up. Only ordinary amounts such as 100 yuan, 1,000 yuan, and 10,000 yuan transferred between people of the opposite sex may be recognized as loans, and they can claim to be returned when they break up.
02
Is the jewelry given on the day of "5.20" considered a bride price?
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 clearly state that in the trial of cases involving bride price disputes, the people's court may determine the scope of the bride price based on the purpose of the payment of property by one party, taking into account the local customs of both parties, the time and method of payment, the value of the property, the giver and the recipient, and other facts.
And these are not bride price:
· Gifts and cash gifts of little value given by one party on festivals, birthdays and other occasions with special commemorative significance;
· Daily consumption expenses for the purpose of expressing or enhancing feelings on one side;
· Other property of little value.
The Provisions of the Supreme People's Court make it clear that if the two 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 the facts such as living together, and take into account local customs, determine whether to return the bride price and the specific proportion of the return.
03
Can I get my "intimacy payment" back during my relationship?
The judge reminded that before setting up the "intimate payment" function, it is recommended to correctly understand the gift nature of the payment, make reasonable risk expectations, and once it is set up as an "intimate payment" account, the other party can use the family account to pay without your consent, and the consumption money will be automatically deducted from your account. Considering that one party opens a family card or a family card for the other party, there will be prompts of "gift" and "gift" during the opening process, and it is not appropriate to identify the part that cannot prove the existence of a loan agreement between the two parties. "Intimate payment" constitutes a lending relationship, which must be proved by evidence. In practice, the nature of the loan can be considered to exist for the part of the money that there is evidence to prove the existence of an agreement to borrow.
04
Can I send a "cash bouquet"?
Mainland law clearly stipulates that intentional damage to the renminbi is prohibited. All units and individuals should take good care of the renminbi. It is forbidden to damage the renminbi and hinder the circulation of the renminbi. In reality, the use of RMB to make bouquets not only damages the image of RMB, but also easily causes damage to RMB in the process of tying flowers and dismantling, hindering the circulation of RMB, which has been suspected of violating the law.
05
In public, can you go crazy to "show affection"?
According to the relevant provisions of the Civil Code of the mainland, civil subjects should also pay attention to the way in which they engage in civil activities, and if they break through the boundaries of morality and ethics, it may constitute a violation of public order and good customs. If you influence others in public, you may be suspected of disrupting public order and face public security administrative penalties.
06
Don't allow the subject to go out and make friends, okay?
According to the relevant provisions of the Civil Code of the People's Republic of China, the personal freedom and personal dignity of natural persons are protected by law. Not allowing the subject to go out or make friends, and confinement him at home, is a restriction of personal freedom and does not comply with the law. If the offence of unlawful detention is committed, he will also face criminal penalties. According to the relevant provisions of the Criminal Law of the Mainland, whoever illegally detains another person or illegally deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.
07
Turn your ex P into a dog and say he's "dead", okay?
The Civil Code of the People's Republic of China clearly stipulates that no organization or individual may infringe upon the portrait rights of others by means of scandalization, defacement, or forgery by means of information technology. Without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used, or disclosed, except as otherwise provided by law. Posting other people's photos into dogs and publicly disseminating them in the circle of friends has infringed on the portrait rights of others and may be investigated for legal responsibility.
Defaming others in any form after a breakup, such as spreading rumors and spreading news of their "death", is an illegal act and may be suspected of defamation. According to the relevant provisions of the Criminal Law of the mainland, whoever publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.
08
Is it okay to forcibly ban a subject from playing the game?
According to the Civil Code of the People's Republic of China, both husband and wife have the freedom to participate in production, work, study and social activities, and one party may not restrict or interfere with the other.
09
Is it possible to enter into a "unilateral education" agreement?
According to the relevant provisions of the Civil Code of the People's Republic of China, husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligation to raise, educate and protect their minor children. This also means that in marriage, you cannot sign an agreement on "unilateral education and planning of children's growth" because of your own advantages such as high education and strong ability, and deprive the other party of the right to educate children.
10
Can you leave your spouse behind and "run away" when you are in danger?
If one party escapes alone in the event of a danger, such as robbery, earthquake, fire, etc., if there is a condition to help the other party, it will violate the rule that husband and wife help each other and care for each other. According to the relevant provisions of the Civil Code of the People's Republic of China, husband and wife should be faithful to each other, respect each other, and care for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.
Quickly collect these legal common sense in love
Mutual respect is the key to happiness
I wish you all happiness and sweetness!
(CCTV News Comprehensive Rule of Law Daily, China News Network, etc.)