Three conditions of the court's judgment to return the colorful gift+trial practice should pay attention to 3 issues

Legal provisions

The "Supreme People's Court Civil Code Marriage and Family Editing Judicial Interpretation (1" Article 5 of the parties request to return the gifts paid in accordance with customs. If it is found that it is the following situation, the people's court shall support:

(1) The two parties have not completed the procedures for marriage;

(2) The two parties go through the procedures for marriage registration but do not live together;

(3) Payment before marriage and lead to difficulty in paying people. The provisions of the second and third paragraphs of the preceding paragraph shall be based on the divorce of both parties.

Lottery, some places are also called hires, litors, etc., and the gifts paid are mostly money, and there are also some valuables. Due to factors such as different local conditions and the differences in the conditions of the parties, the amount and value of the gifts are different. But generally, compared to the living standards of local people, the amount of payment is often very large. In order to meet this requirement, some parties have to raise their family debt and have a heavy burden. In modern times, Cai Li still plays an important role in marriage. After this kind of gift is paid before marriage, if the two parties do not have a marriage relationship in the end, the payers will ask more people to return. If the two parties are divorced, there will also be a situation where the issue of gifts is required to be returned.

The problem of solving colorful gifts in trial practice is more difficult. In addition to the lack of laws, one of the important reasons is that it is complicated with many related behaviors and phenomena.

(1) The relationship between Cai Li and marriage contract

The marriage contract is a pre -agreed on the purpose of men and women for the purpose of future marriage. The act of establishing a marriage contract is called engagement or fixed marriage. After the marriage contract was established, both men and women had unmarried couples. The marriage contract has historically gone through two stages of development. One is an early ancient marriage contract, and the other is the modern wedding contract. Early ancient marriage contract was a must -have for marriage. Most of the main body of the marriage contract is the respect of both parties, the so -called "parents' life". Once this marriage is booked, it is immediately legal, and it shall not be defaulted at arbitrarily or arbitrarily. The development of a modern marriage is different from the previous one. It is no longer a must -have procedure for marriage. Most of them are set by the parties themselves. They usually have no legal binding power. They are fully performed by the two parties. They do not need to be too many reasons when they are lifted. responsibility.

Strictly speaking, the issue of marriage contract is not consistent with the issue of color gifts. The two have a certain connection, but each has its own circumstances. Judging from the current legislative provisions of my country and the practice of trial practice, there is no necessary connection between the issue of Cai Li and the marriage contract. Establishing a marriage contract may not have to pay the color gift. Sometimes the two parties shall establish a marriage contract and pay the colorful gift based on the marriage contract; sometimes there is no marriage contract between the two parties, and there will also be a phenomenon of paying gifts. Therefore, these two situations cannot be confused when analyzing problems.

(2) The relationship between the relationship between Cai Li and "obtaining property borrowing on marriage" and "running, buying and selling marriage"

The color gift we mentioned here is a folk custom and a local habit. Although this custom or habit is not worthy of promoting, it has not been banned by law. Therefore, the issue of colorful gifts is not illegal. After the dispute occurs, the people's court shall be tried in accordance with the law and protects the legitimate rights and interests of the parties. By marriage to obtain property and purchase and sell marriage, they are a kind of illegal act, which are banned by the "Marriage Law" and "Civil Code". Once found or verified, the parties with faults will not be guaranteed. Article 1042 of the Civil Code stipulates: "It is forbidden to include, buy and sell marriage, and other interference in freedom of marriage. It is forbidden to use marriage to ask for property." It can be seen that acting, buying and selling marriage, and obedience to the marriage of marriage prohibit. If there are these circumstances, for illegal acts, it should be handled strictly in accordance with the law. In practice, the issue of Cai Li is not distinctive and may be confused with the marriage of marriage. There may be confusion. The issue of Cai Gifts and the borrowing of marriage to obtain property and the sale of marriages will sometimes be intertwined. Sometimes Cai Li will become a manifestation of a manifestation, buying and selling marriage, or obtaining property by marriage relationship. At this time, the so -called "colorful ceremony" is no longer a folk custom, but a behavior that violates the law and is prohibited in accordance with the law. The property requested by marriage shall be returned. The phenomenon of arranging and buying and selling marriage is more serious in the early days of the founding of New China. After severe blows and continuous legal publicity, it has rarely happened. The behavior of obtaining property by the marriage relationship has occurred from time to time, affecting the thorough implementation and implementation of the principle of freedom of marriage, and must take measures to resolutely eliminate it. However, in real life, sometimes it is difficult to obtain a proof of property to obtain property by marriage relationship. The parties often cannot prove whether they ask for property or the other party. Article 19 of the Supreme People's Court's "Opinions of the Property Segmentation of Divorce Cases" published in 1993 stipulates that "the property requested by the marriage relationship, if the marriage time is not long, or if the property is difficult to cause the other party's life, you may be as appropriate. Return. Is the nature of obtaining the property that is obtained or the gift is difficult to determine, and it can be treated according to Article 10 of the "Several Opinions of Cohabitation Cases" announced in 1989. Gift relationship handling; one of the property requested by the other party can refer to the spiritual treatment stipulated in Article 18 of Article 18 of the Supreme People's Court [84] Fa No. 112 "Opinions on Implementing Several Issues of Civil Policy and Law". Although the above two judicial interpretations are abolished in this cleanup and cannot be cited directly, the relevant spirit can not be contrary to the provisions of the Civil Code, which can be referred to. Issues that should be paid attention to in trial practice

1. The parties who return the litigation lawsuit

In actual life, Cai Li's payers and recipients are not limited to both men and women. They may also include the parents and relatives of both men and women. These people can become the parties who return the Cai Li litigation. In Chinese traditional customs, the marriage of children is considered a lifelong event. Generally, parents are organized by their parents. Most of them are sent by their parents, and most of them are families with property. In the lawsuit, most of them are also sued by the parties or their parents. Therefore, when the prosecutor is not supported, it is not appropriate to use the indescriber as a defense in order to maximize the property rights of citizens, and it is also in line with the actual situation of social life. The defendant's determination of the defendant should also be dealt with. The lawsuit usually lists the parents of the other party as a co -defendant, asking them to bear the joint responsibility. General customs are the gifts of parents, and they are also the parents who receive the colorful gifts.

2. The scope of the return of color gifts

When determining the return of colorful gifts, according to the actual use of the paid gift, considering whether the two parties have paid the necessary costs for the preparation of the marriage, or whether the necessary consumption has occurred in the actual common life, it will be properly returned. In actual life, although the two parties do not have a common life, they may have purchased daily necessities or pay other expenses for the preparation of weddings. For the situation where pre -marital payments lead to difficulties in paying people, the two parties may have been consumed in the actual common life. Therefore, it should be flexibly grasped in the processing method to truly reflect the principle of fairness.

Third, the consideration of other special circumstances

Although Cai Li is not clearly recognized by the law, it still has a strong social life inertia and a wide range of mass foundations. Disputes caused by the issue of color gifts are issues that judicial have to face. As a habit, Cai Li has continuously changed its connotation and method with the development of socio -economic development. From the perspective of social development in the past 20 years, due to the adjustment of rural population structure and changes in social ideas, the amount of gifts has become higher and higher, but the impact and restraint on marriage are decreased. Especially in the countryside, women "flash flash After leaving ", he did not worry about marrying. On the contrary, because of the high -quality gift for male families, after the divorce, it was unable to afford the colorful gift of marriage, which led to many social problems. To this end, judicial practice should pay certain attention.

When the parties ask for the color gifts paid in accordance with the custom when divorce, the people's court can consider the time, the amount of gifts, the use of colorful gifts, whether to give birth to the children, and whether they have the local customs and habits according to the specific situation of the case.Whether to return and return the specific amount, to properly balance the interests of the parties, and safeguard the harmony and stability of the society.Source: The first court of the Supreme People's Court Civil Trial "The Supreme People's Court Civil Code Marriage and Family Editing Judicial Interpretation (1) Understanding and Application" (People's Court Press, the first edition of July 2021)

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