Can the transfer during love be required to return?

Recently, the Qu County Court tried a case that transferred to the other party during the fall, and asked the other party to return it after breaking up.

Xiong and Yang had had colleagues in the original, and the two sides had a good feelings of each other. They then began to live together. Later, the two sides broke up because of their personalities. During the relationship between the two sides, Xiong's love for Yang in order to express his love for Yang, and a total of more than 20,000 yuan was transferred to Yang through WeChat. After the two sides broke up, Xiong believed that the transfer of money from Yang was a gift based on marriage. Now the two sides have broken up. Yang's income is improper profit, and Yang should return the money he transferred. Xiong had repeatedly asked Yang to return it, and Yang refused, and Xiong was sued to the court on the grounds that the dispute was improper.

The court held that the case was improperly profitable. Xiong Mou and Yang's relationship with Yang. During the love, Xiong's transfer to Yang in order to express his love intention, belonging to the normal voluntary gifts of both parties during the relationship between men and women. Essence

● Judge says

During the love of both men and women, the two sides have a gift for each other. The gift is given by the property. Once the gift is completed, the gift is required to return it. Except for the special regulations of the law, it is generally not returned. In judicial practice, there are also many similar situations to claim their rights with civil lending disputes. The "Supreme People's Court on the Regulations on Several Issues of Laws on Cases of Cases of Civil Lending Disputes" stipulates When a civil loan lawsuit, it shall provide creditor's rights such as debit, receipt, and undergraduate, as well as other evidence that can prove the existing legal relationship of borrowing. " The behavior of property has a lending intention.

Liu Huoping Zhao Lina

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