The wife after marriage refuses to produce relation, the man asks divorce to return betrothal gift, can legal meeting support?

2022-05-05 0 By

Abstract: After Zhang SAN and Li Si get married, because Li Si is afraid, there has been no relationship, after the relationship is broken, Zhang SAN sues for divorce, asking to return the bride price, will get support?Here’s a little example, just to make it a little bit easier to understand.Li Si, female, 28 years old, jiangsu, and Zhang SAN series of lovers.Zhang SAN, male, 30 years old, shandong, and Li Si at the same school, is Li Si’s upperclassman, crazy pursuit of Li Si during the university, finally hold the beauty.After graduation, their relationship went steady, and both parents met and were happy with their children.Zhang SAN and Li Si got married naturally. When they got married, Zhang SAN took the initiative to give Li Si a bride price of 5 yuan, and bought clothes and cosmetics for Li Si.But Li si’s mother felt that 50,000 yuan was a bit shabby, so she asked Zhang SAN and his parents for another 100,000 yuan, and they registered their marriage.Three years after marriage, two people have no children, after inquiry, the original is because two people have not had a relationship.At the beginning, Li Si was afraid because of his lack of experience. After marriage, he tried to have relations with Zhang SAN several times, but all failed.Later, Zhang SAN asked for many times, but Li Si found all kinds of reasons to evade.This has also become the estrangement between the two people.Because do not have the child all the time, add parents for many times urge want to embrace grandson, 2 people quarrel for this for many times, affection also appears crack.Zhang finally filed for divorce, saying there had been no relationship after the marriage, and demanded the return of the bride price.So, in this small case, Zhang SAN took the initiative to give Li Si 50,000 yuan is the bride price, but later, Li Si’s mother to Zhang SAN 100,000 yuan, is the property obtained by the marriage, not the bride price, should be returned in full.The so-called betrothal gift is also called “wealth gift”, “betrothal gift”, “betrothal money” and “betrothal money”.Is the marriage relationship party one party (mainly refers to the man) and its relatives according to the custom to the other party (mainly refers to the woman) and its relatives pay money and things.Although the practice of paying bride price is not advocated by law, it is not prohibited.Article 1042 of China’s civil Code stipulates that “it is forbidden to ask for property through marriage”.Some people have come to the conclusion that the man does not need to give the bride price for his future marriage.It is safe to say that such an understanding is incorrect.The prohibition of obtaining property through marriage is not the same as the prohibition of bride price.To obtain property through marriage refers to the behavior of the woman to obtain certain property from the man through marriage as a prerequisite for marriage.Prohibit borrow marriage to obtain property so the purpose of the provisions is to put an end to luxury comparison, because marriage is not “sell daughter”, mainly in order to prevent some thoughts not simple parents, not from the perspective of their children’s marriage happiness, borrow daughter marry lion big opening, the behavior of the sky.However, according to the local marriage tradition, it is permitted by law to give the bride a certain amount if she wants to win a good fortune when getting married.The difference is whether the man gives it or the woman asks for it.If it is to take the initiative, it is a gift, that is, we say in the popular sense of the bride price, if the woman takes the initiative, that is to ask for, is to borrow the marriage to obtain property.So, can the man claim the bride price back?Is the bride price personal property before marriage or married couple’s common property?Article 1,062 of the Civil Code stipulates that the following property acquired by husband and wife during the period in which they are under contract of marriage shall be the joint property of husband and wife and shall be jointly owned by them:(2) income from production, operation and investment;(3) income from intellectual property rights;(4) inherited or donated property, except those provided for in item 3 of Article 1,063 of this Law;(5) other property that should be in the common possession.(1) the pre-marital property of one party;(2) compensation or compensation obtained by one party for personal injury;(3) property belonging to only one party as determined in a will or a gift contract;(4) articles for daily use used by one party;(5) other property that should belong to one party.The bride price is usually the money and things the man pays to the woman in order to get married before marriage according to the custom.Therefore, the marital common property, which does not belong to the marriage, is a gift to the woman before marriage, and is the woman’s personal property before marriage in nature. Even if the relationship between the two parties breaks down in the future, the man can not claim to return it under normal circumstances.However, there are three exceptions.Article 5 of the Supreme People’s Court’s Interpretation of The Application of Marriage and Family (I) provides that: Where a party requests the return of the bride price paid according to the custom, the people’s court shall support it if the following circumstances are found out: (1) Both parties have not gone through the marriage registration formalities;(2) Both parties have gone through marriage registration formalities but do not live together;(3) the payment is made before marriage and causes difficulties for the payer.The application of the provisions of subparagraphs (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.In the above case, Zhang SAN and Li Si have gone through marriage registration, which is not in accordance with article 1, and they have lived together for three years after marriage, which is not in accordance with Article 2, and zhang SAN’s life is not difficult due to the bride price, which is not in accordance with Article 3.There is also no provision in the regulation that the bride price should be returned because there has been no relationship after the marriage, so after the divorce, Zhang SAN cannot claim to return the 50,000 yuan bride price.We can further expand, that the dowry given by the woman’s parents, is the woman’s personal property before marriage or the marital common property?Here we need to distinguish whether dowry is given before the marriage registration or after the marriage registration.If it is before the marriage registration, the woman parents already gave him a wife, then, is the gift of the parents of the woman before marriage, belongs to the wife of the belongings before marriage, but if it is, after marriage to her parents, that according to the provisions of the civil code in the fourth paragraph of article one thousand and sixty-two of “inheritance or donated property” is the common property of husband and wife.However, the bride’s parents signed a gift contract when they dowed the bride after marriage, in which it was clearly agreed that the gift should only be given to the bride. Therefore, according to paragraph 3 of Article 1063 of the Civil Code, “the property determined to belong to only one party in the will or gift contract” still belongs to the bride’s personal property.Do you understand?If you have any more questions, let me know in the comments.Welcome to praise and attention, your support is my motivation to continue the popularization of law.Note: pictures have nothing to do with the content, please do not register, infringement contact delete.