Good news, the three departments released typical cases involving bride price disputes, and the long-lost gospel of the majority of male compatriots is coming!
On December 11, the Supreme People's Court, the Ministry of Civil Affairs, and the All-China Women's Federation jointly held a press conference to release typical cases of people's courts involving bride price disputes, providing a unified standard for the application of law in similar dispute cases. The results of these published typical cases and judgments fully consider the rights and interests of men, and are of positive significance for reducing marriage fraud, protecting men's rights and interests, and maintaining social security and stability.
In recent years, there has been an upward trend in the number of cases involving bride price disputes. Some people broke up without getting married after receiving the bride price, and some divorced within a short time after getting marriedSome are in a normal relationship and break up, and some are marriage cheats.
In the past, in cases involving bride price disputes, men were generally in a weak position, resulting in many men often losing their wives and losing their wealth, which also invisibly contributed to the unhealthy trend of cheating on marriage against men. Thus, creating a fear of marriage among men.
Fortunately, the state discovered the problem in time, otherwise the consequences would have been unimaginable in the long run. In reality, some men know that it is useless to fight a lawsuit in marriage and property disputes such as bride price disputes, so some people choose to swallow their anger and consider themselves unlucky, while others choose to use force to solve it, hurt the woman or choose to die together.
The press conference held by the Supreme People's Court, the Ministry of Civil Affairs, and the All-China Women's Federation this time is to a large extent aimed at the above-mentioned situation. The 4 typical cases of bride price disputes announced this time involve 4 typical marriage and love relationships.
The first is that the marriage has been registered but the time of living together is relatively short, and the excessively high bride price should be returned at the time of divorce based on the facts such as the time spent living together and the conceiving of children. In this case, although the time spent together is shorter, it is different from a flash marriage. In the corresponding example, when a man and a woman have lived together for more than one year after marriage, and the woman does not live with the man, the man angrily sues for the return of the bride price.1880 thousand. Taking into account the fact that the parties had lived together for a short time and that the woman had terminated the pregnancy, the court ruled that the woman should return the man's bride price of 56,400 yuan.
Second, if a man and a woman have lived together for a long time after the marriage ceremony and have children, the return of the bride price is generally not supported. In the corresponding example, the court did not support the husband's claim to recover the bride price, although the man and the woman had not obtained a license, had a wedding ceremony, had lived together for three and a half years, and already had a two-year-old child.
Third, if the marriage has been registered, but only a short period of cohabitation has not yet formed a stable cohabitation, part of the bride price should be returned after deducting the expenses such as joint consumption. This situation is often referred to as flash marriage. In the corresponding example, the marriage relationship between the man and the woman lasted less than three months and no children were born after marriage, so the court ordered the woman to return 800,000 yuan after deducting the joint consumption and other expenses of the bride price of 1.06 million yuan.
Fourth, if the marriage is only fixed, but the marriage registration has not been completed, and the marriage ceremony has not been held, the marriage fee and bride price shall be refunded. In the example given, where the husband's marriage money was given to the woman's parents, and the bride price was directly transferred to the woman herself, the court upheld the husband's claim and ordered the husband to return the marriage money and the bride price.
It can be said that the above four typical cases have reference and guiding significance for whether to return the bride price as appropriate under different circumstances. From this, we can also see that living together and whether they have children in common is an important factor to consider whether the bride price is returned. In this way, the rights and interests of both men and women in marriage and love, especially the rights and interests of the man, can be well protected. Specifically:
First, in the case of unmarried, the bride price and bride price paid by the husband can be recovered through legal channels.
Second, in the case of flash marriage, most of the bride price paid by the man can be recovered through legal channels.
Third, in the case of a short period of marriage, a part of the bride price paid by the husband can be recovered through legal channels.
When the law can be relied on to protect the rights and interests in marriage and love, men's fear of marriage will no longer exist, and they will not go to extremes when encountering marriage and property disputes such as bride price. More importantly, marriage fraud against men will also be greatly reduced!Unless a woman who cheats on marriage is willing to pay the price of having children with a man and living together for a longer time.
Conclusion: The typical cases of bride price disputes released by the three departments have brought good news to the majority of unmarried men, and everyone no longer has to fear marriage. I believe that the future will be better!