Girlfriends to girlfriends, but do you want to return?Court: Reject!

It is normal for good sisters to give gifts to each other, and it is normal for the other party to give them idle items, but because these things they sent out, they still go to court. What is going on? Recently, the Siming Court released such a case.

In May 2021, Xiaoxiao (pseudonym) was preparing to renovate a house, but there are still many people at home, so that their girlfriends can pick some likes to take away. That night, Ru Ru (pseudonym) moved some items to Xiaoxiao's house. But a few months later, Xiaoxiao accidentally heard Ru Ru commented behind her "more silly money." Xiaoxiao wanted to get angry, and asked Ru Ru to retreat from what he took from his home.

At the same time, Xiaoxiao also commissioned a lawyer to send a lawyer's letter to Ru Ru. After receiving the letter of the lawyer, Ru Ru contacted Xiaoxiao and asked Xiaoxiao to provide the delivery address, but Xiaoxiao said that he would not accept the items that Ru Ru had used. After that, Xiaoxiao sued the court and asked Ru Ru to compensate his property to more than 5,000 yuan.

Xiaoxiao said that all the items handed over to Ru Ru were kept for Ru Ru, not for her. Ru Ru said that there was no custody contract relationship, but a gift relationship, and confirmed that more than 10 items including the mystery of the sea blue water, mask, caviar essence water, yoga mat, and water dispenser from Xiaoxiao Among them, the mask, laundry solution, and yoga mat cannot be returned, and the rest of the items are voluntarily returned to Xiaoxiao.

The two were arguing about the amount and value of cosmetics. In order to prove their losses, Xiaoxiao submitted a screenshot of online shopping transactions to the court.

The court tried that according to WeChat records, it was determined that Xiaoxiao could not take away some items because of moving, so it said that Ru Ru took these items. Based on Ru Ru's own selection, Xiaoxiao did not pack details, etc., it can also be judged that the two parties have not formed a commissioned contractual relationship. Based on this, it is determined that Xiaoxiao has given Ru Ru involved in the case without compensation. After Ru Ru selected itself, he also expressed his acceptance of the gift. The gift relationship in accordance with the law has been delivered.

Since then, Xiaoxiao has no proper reasons to revoke the gift contract, nor does it have the right to claim that Ru Ru compensation for related items will be losses. According to this, the court rejected Xiaoxiao's claim. If Ru Ru was willing to refund some items Xiaoxiao, the two parties could deal with themselves.

(Text/Xiamen Daily Reporter Tan Xinyi Correspondent Si Fa Xuan)

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