Small flowers grow in the mountainsRural, isolated from the world, never set foot in a big city before the big roots came. People always say that beautiful girls don't study well, and maybe that's rightStereotypes。Although Xiaohua is not a village flower, she also failed to be admitted to university and missed leavingRuralThe opportunity to pursue your dreams. However, fortunately, inRuralWhen there are many men, Xiaohua doesn't have to worry about finding a home. So, Liu Dagen, who has been admiring Xiaohua since he was a child, finally mustered up the courage to come to propose. The lovely big root, in the past few years of working in Shanghai, has accumulated a lot of wealth.
In the metropolis, everyone can find a career and money, but what they really need is a partner who can hold hands. In the interval of returning to his hometown for the Chinese New Year, Dagen once again saw the little flower that had haunted him. The big city may only be suitable for making money, but Dagen realizes that his love is in the countryside. The country woman is simple and real, and at the same time has her own dreams. Xiaohua also yearns for the colorful big city, but is afraid of encountering dangerous people. Just after the New Year, Liu Dagen in the east of the village brought his hard-earned 680,000 yuan to send to XiaohuaBride price。According to traditional customs, once this is receivedBride price, Xiaohua and Dagen became an unmarried couple, and they could hold hands in the big city and spend their lives together.
After stepping into the big Shanghai, this pair of rusticRuralHusband and wife can hardly resist the endless ** of the metropolis, and decide to live a life of husband and wife living together, like people in the city, affectionately calling each other "husband" and "wife". However, there is a lack of a legal certificate between the two. In common life, it is inevitable to encounter all kinds of trifles and contradictions. After only seven months of living together, the big roots began to waver. He began to wonder why Xiaohua lacked the charm of a woman in the metropolisHe regretted taking Xiaohua to the big city, and even more regretted giving her 680,000 yuanBride price。It is said that the relationship between husband and wife is prone to problems".The seven-year itchSeven months is long enough for Big Root.
Dagen has changed his mind and has lost interest in part-time jobs, and the only thing he cares about is his 680,000 yuan. However, Xiaohua does not intend to give in. She said firmly to Dagen, "There is no door!".Don't want a single cent!I'm aThe big girl of the yellow flower, I cook for you, do your laundry, serve tea and pour water for you, for seven months, but you are a big carrot and a negative man!Xiaohua resolutely resisted, and Dagen knew that he was at a loss, so he could only sue XiaohuaCourts。However, the first instanceCourtsof the TrialJudgesProbably grew up in the city, for growing inRuralXiaohua's feelings were not deep enough, and Xiaohua was sentenced to return Liu Dagen 560,000 yuanBride price
Xiaohua is naturally unwilling, she is to the intermediate peopleCourtsAn appeal was filed. In court, Xiaohua cried: "I wash and cook for nothing and sleep with you for seven months, can Liu Dagen be a prostitute for nothing?""Second instanceCourtsofJudgesConsidering the unfair treatment that Florets receive, as a fromRuralwomen, the hard life in the countryside,JudgesI sighed. JudgesI thought about living since I was a childRuralexperience, knowing that life is not easy, especially for a person fromRuralof weak women. So, the second trialCourtsA ruling was made that the florets need to be returnedBride priceThe amount is adjusted to 340,000 yuan.
AlthoughSupreme People's CourtOn the application of the Civil CodeMarriageArticle 5, paragraph 1 of the interpretation of the family section (1) provides:Bride priceIt is possible to return the case, but this is only to punish those who maliciously run away from the marriage. In this case, Xiaohua did not intend to regret the marriage, but Dagen was unwilling to get married. If the sentence is returned to the full amount of the flower, 680,000 yuan. Bride price, which is equivalent to acquiescing to the behavior of "white prostitution" of the big root. Therefore, in the end, in the real case, the middle-level people of Qiandongnan Miao and Dong Autonomous PrefectureCourtsA reasonable second-instance judgment was made and it was decided to let Xiaohua return Liu Dagen340,000 yuanBride price
The final verdict in this real case thoughJudgesThe mood is purely apocryphal, but there isLawsbasis. Lawsprovisions, if proven pre-maritalBride priceIt is purely for life and to help both parties advance their careers together, and both parties have lived together, then this partBride priceThere is no need to return it. RefundBride priceThe main purpose is to punish malicious evasion, not to give unreasonable benefits to one party. Therefore, in this case, Xiaohua has evidence to prove itBride priceFor the expenses of living together,JudgesHer appeal was accepted.
Supreme People's CourtOn the application of the Civil CodeMarriageThe provisions of Article 5, Paragraph 1 of the Interpretation (1) of the Family Part provide the basis for this judgment. According to the provisions, if the parties do not processMarriage registrationFormalities, both partiesMarriage registrationformalities but not living together, or before marriageBride priceCausing hardship to the payerCourtsIt should be supportedBride priceRequests for returns. In this case, the parties have been living together for seven monthsBride priceIt is also used for the expenses of living together, thereforeCourtsJudgment Xiaohua returned a partBride priceis legitimate.
Cohabitation requires caution, before marriageBride priceCareful consideration is also required. LawsForBride priceThere are clear provisions for the returnCourtsThe verdict is yesLawsbasis. Both men and women should choose to live togetherBride priceThink rationally and complyLawsregulations, to avoid unnecessary disputes and troubles. Details of the case as wellCourtsThe basis for the verdict also needs to be looked at specificallyLawsdocuments and related regulations. The above is only a speculation and analysis of the case, not notLawsOpinion.