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A Civil Code "Compulsory Course for Love"
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Judge of Beijing No. 1 Intermediate People's Court
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Valentine's Day
01
Can you get back the gifts given by lovers after you break up?
The handsome and golden-rich Wang Dazhuang threw a 10,000-dollar custom all-diamond bracelet and gave it to Liu Meili together with a red envelope gift box covered with hundreds of 100-yuan bills, and Liu Meili immediately took a photo and sent it to the circle of friends, but this move caused Wang Dazhuang's dissatisfaction. Wang Dazhuang thinks that it is not necessary to alarm the circle of friends in love, but Liu Meili insists that love should be "showed" to the world, and the two quarreled endlessly, and then chose to break up. Wang Dazhuang then asked Liu Meili to return the bracelet and red envelope. Can Wang Dazhuang's request be supported?
Civil Code Link
Article 657 of the Civil Code: A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
Article 658 of the Civil Code: The donor may revoke the gift before the transfer of the rights of the donated property.
The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
The judge said that the consumption activities of men and women who give gifts to each other or spend money in order to cultivate their relationship during their relationship are generally in the nature of gifts, and the gifts have been actually fulfilled and cannot be revoked in principle. Gifts of property or daily consumption expenditures during the relationship, such as "520" WeChat red envelopes, anniversary gifts, etc., should generally be considered as necessary expenses to maintain the relationship or joint consumption of both parties, and should not be required to be returned.
Although in practice, a large amount of property gifts made by a man and a woman for the purpose of marriage that far exceed their personal income and consumption level are usually determined based on the actual circumstances of the case, taking into account factors such as the family income of both parties, the length of time they have been together, and the economic dealings of both parties, to make a comprehensive judgment on whether the purpose of the gift should be returned. However, it should be pointed out that because the gift is not allowed to be revoked in principle after the actual performance, and those who pay property during the relationship, regret and ask for return after giving gifts, are likely to not be supported, so "love needs to be rational, and gifts should be rational", so avoid taking responsibility beyond their own financial ability.
02
My boyfriend made an agreement before marriage that he would give me half of the house
Did the house change from "his" to "ours"?
After the breakup, Wang Dazhuang regretted it, and finally saved Liu Meimei's heart by coaxing, teasing and giving gifts, and the two slowly reached the level of talking about marriage. Wang Dazhuang's parents purchased a wedding house for him with full funding, and in order to successfully embrace the beauty, Wang Dazhuang and Liu Meili made an agreement that "the house is shared by Wang Dazhuang and Liu Meili". Can Liu Meili definitely become a co-owner of the house?
Civil Code Link
Article 1065 of the first paragraph of the Civil Code A man and a woman may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
<中华人民共和国民法典>Article 32 of the "Supreme People's Court's Interpretation on the Application of the Marriage and Family Section (1)" Where before marriage or during the existence of a marital relationship, the parties agree to donate or co-own the real estate owned by one party, and the donor party revokes the gift before the change of registration of the donated real estate, and the other party requests an order for continued performance, the people's court may handle it in accordance with the provisions of article 658 of the Civil Code.
"In previous trial practice, if it was agreed that one of the spouses would donate all the real estate owned by the individual to the other party, the donating party generally had the right to revoke the gift before the transfer was registered. If it is only a partial share gift, it is generally considered to be a marital property agreement and cannot be arbitrarily revoked. The judge said, however, in Article 6 of the original Judicial Interpretation (III) of the Marriage and Family Interpretation of the Civil Code, "before marriage or during the existence of the marital relationship, if the parties agree to donate the real estate owned by one party to the other party, and the donor withdraws the gift before the registration of the change of the donated property, and the other party requests an order to continue to perform, the people's court may deal with the content of "addition on the basis" or "joint ownership" in accordance with the provisions of Article 186 of the Contract Law, which means that if the gift is only a partial share, it may also be revoked. The scope of revocation of property gifts has been expanded.
Therefore, if the romantic partner signs an agreement before marriage to express his intention to donate a house, such a gift may also be revoked under certain conditions. If both parties want to further clarify the relationship between rights and obligations, they can register the change of property rights.
03
unmarried cohabitation and gave birth to a baby,
Are the baby's rights guaranteed?
Before the marriage date, Liu Meili was about to give birth, because the child had a disagreement with the father's surname or the mother's surname, Liu Meili and Wang Dazhuang quarreled again, Wang Dazhuang moved out of the love nest and claimed that he had no relationship with Liu Meili and the child, and would never see each other again in this life. Can Wang Dazhuang really ignore the child?
Civil Code Link
Article 1071 of the Civil Code Children born out of wedlock enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.
Article 1127 of the Civil Code Inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
The judge said that a child born to an unmarried man and a woman during the period of cohabitation is one of the circumstances in which the child is born out of wedlock, and the provisions of the Civil Code and other laws and regulations on the relationship between parents and children also apply to children born out of wedlock. Children born out of wedlock have the same rights as legitimate children as between them and other close relatives of their parents, such as grandparents, maternal grandparents, siblings. The Civil Code stipulates that parents have the right and duty to raise, educate and protect their children. Such rights and obligations arise on the basis of paternity, and parents are expected to fulfill the corresponding obligations of both legitimate and illegitimate children. At the same time, children born out of wedlock and children born in wedlock are independent subjects of inheritance and have the same inheritance rights to their parents' estates.
The law gives children born out of wedlock the same legal status as legitimate children, and it is a moral obligation for parents to raise, educate and protect their children, and it is also a legal responsibility. The healthy growth of minor children requires the joint participation of both parents to fully protect the lawful rights and interests of minor children.
Choose a house to end your old age, and meet a person with a white head
I wish you all the right people
Marriage in the new year
There is only the honeymoon phase and there is no cooling-off period
Family property
There is no unilateral transfer only by mutual agreement
Love life
There is only good luck, and there is no force majeure
Source: "China Popular Law" WeChat public account
Editor-in-charge: Yang Yiman
Honghe State Rong Media Center
Legal Counsel: Yunnan Lingyun (Honghe) Law Firm
Phone: 0873-3990877
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