After the wedding contract is lifted, the gift should be returned to Anhui Quanjiao. A man in an all -year -old girlfriend asked his ex -girlfriend to return the marriage contract to be supported

Recently, the People's Court of the Quanjiao County of Anhui Province concluded a dispute over the marriage contract in accordance with the law and judged that the defendant Liu Moumou returned the plaintiff Zhang Moumou 28,000 yuan in accordance with the law.

In June 2020, Zhang Moumou met and fell in love after introducing Liu Moujing. During the period of love, Zhang Moumou transferred 3,000 yuan to Liu on September 15, 2020, and purchased a ring worth 2,128 yuan on October 4, 2020, and transferred another 20,000 on October 5, 2020. Yuan bought jewelry for Liu. On October 18, 2020, Zhang Moumou and Liu held an engagement ceremony. According to the local customs, Zhang Moumou gave Liu for 10,000 yuan as an engagement gold, and Zhang Moumou gave Liu 3,000 yuan. On January 7, 2021, Zhang Moumou transferred another 1,500 yuan for Liu to buy clothes. But shortly after that, Zhang Moumou and Liu had a contradiction. After coordination of relatives and friends, they could not restore the relationship, so they lifted their marriage contracts. Later, Zhang Moumou prosecuted the Quanjiao Court and asked the court to order Liu to return him to the property that he had loved Liu Mou and spent during the engagement.

Liu argued that the plaintiff did not conform to the facts, and he did not receive 13,000 yuan given by the plaintiff and his relatives. The other money given by the plaintiff is the living consumption that the two sides during the marriage and the gift of gifts as gifts, and they have no obligation to return it.

After trial, the Quanjiao Court believed that the law was prohibited from borrowing from marriage to ask for property. According to local folk customs, when the man wants to marry his woman as his wife, he should send a gift to the woman's family. The purpose is to formally conclude a marriage contract after giving a lottery ceremony to establish a marriage contract. The ceremony is relatively grand. Participation. The property of the marriage contract is the property that the parties pay for the purpose of registering the marriage and the other party.

During the love and engagement of Zhang Moumou and Liu, Liu Mou received a total of 39628 yuan for Zhang Moumou's money. Now after the two parties lifted their marriage contracts, except Zhang Moumou purchased the money for Liu Mou to buy a ring and clothes expenditure, Liu should not be returned. Liu should not be returned. Liu should not be returned. It is obliged to return the marriage contract to Zhang Moumou appropriately. Combined with the actual situation of this case, the court decided that Liu Mou would return Zhang Moumou 28,000 yuan. Liu argued that he did not receive 13,000 yuan and the money received for the living consumption of both parties during the engagement. The court did not accept it because of insufficient evidence. the court then made the decision.

■ Judge said ■

Article 5 of the Supreme People's Court on the Application of the "Interpretation of the People's Republic of China" of the Marriage and Family (1) stipulates that the parties request to return to the gifts paid in accordance with customs. If they are found to be the following circumstances, the people's court shall support: (1) If the two parties do not go through the procedures for marriage registration; (2) the two parties go through the marriage registration procedures but do not live together; In this case, in accordance with the actual use of the property paid, in accordance with the principles of relevant laws and regulations and from the principles of honesty and credit, it was judged that Liu was properly returned to some property.

Source: People's Court Newspaper

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