The transfer between men and women when they are in love is a manifestation of "you and me" and "love and concubine", but after breaking up, it often becomes "drawing a clear line" and "repaying debts". So, after a couple breaks up, can they ask each other to return the transfer made during the relationship?
Recently, the Yongyang People's Court of the Laishui County People's Court of Baoding City, Hebei Province successfully mediated such a dispute caused by the transfer of money during the couple's relationship.
Li and Wang were originally in a relationship, and they were in love for 6 years, and then the two parties broke up due to conflicts over trivial matters, and the man Li asked the woman Wang to return the total transfer of more than 100,000 yuan during the relationship. The two parties did not reach an agreement on the return of the property, and finally Li sued Wang to the court.
In order to achieve the substantive resolution of the conflict and dispute, the presiding judge will conduct a detailed accounting of the transfer records provided by both parties, and inform both parties that the transfer behavior of a man and a woman in the process of love should be comprehensively judged based on factors such as the time, amount, and purpose of the transfer, as well as the financial status of both parties, and for large-amount transfers during the relationship, factors such as the purpose of the transfer, daily life experience, good customs, and the economic ability of all parties should also be considered.
At the same time, the presiding judge explained the relevant legal provisions to the parties. In accordance with the laws of daily life, small property gifts or daily consumption expenditures between a man and a woman during the relationship, such as the purchase of clothes and shoes, daily life expenses, property paid on special holidays, transfer amounts with special meanings such as "520" and "1314", and small transfers that meet the income level of the parties, shall be considered necessary expenditures to maintain the relationship between the two parties or joint consumption by both parties.
In the end, Li and Wang each recognized their own problems, adjusted their mentality, reached a mediation opinion and performed it in court, and the property return dispute caused by love was successfully resolved.
Judge's interpretation: According to the judge undertaking the case, from a legal point of view, not all of the claims of one party to the court to require the other party to return the money transferred during the relationship can be supported, and different legal relationships will also lead to differences in judgment results.
1. Private lending.
For the establishment of a legal relationship of private lending, two conditions must be met: the two parties have reached an agreement on the loan, and the loan has been actually delivered. Therefore, in a case where a private lending dispute is brought to the court to request the other party to return the money, in addition to the transfer voucher, evidence should also be provided to prove that the two parties have reached an agreement to borrow money.
2. Gifts. 1) General gifts.
For a relatively small amount of property within a reasonable range, such as the purchase of clothes and shoes, daily life consumption, property paid on special holidays, and the transfer amount with special meanings such as "520" and "1314", it should be regarded as a general gift, and one party cannot request the return of the property if it is delivered.
2) Gifts with obligations.
For a larger amount of financial payment, such as the purchase price of a car, the purchase price of a house, etc., due to the large amount involved, it is generally for the purpose of finally concluding a marriage and living together. The "large amount" should be determined based on factors such as the income level of both parties, the level of local consumption, etc.
3. Marital property.
In China's traditional marriage Xi, after the man and woman determine each other's intentions through love, the man often expresses his sincerity in entering into marriage with the other party by paying the woman property, which is commonly known as "bride price". Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China stipulates: "Where a party requests the return of a bride price paid in accordance with Xi customs, the people's court shall support it if it is found that the following circumstances apply: (1) the parties have not completed the marriage registration formalities;(2) The parties have gone through the marriage registration formalities but do not live together;(3) Premarital payments that cause hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. ”
*:Rule of Law**Quan**Reporter Zhou Xiaopeng The copyright belongs to the original author, if there is any infringement, please contact