In addition, with the issuance of various trial guidance opinions by local courts in recent years, the resolution of the issue of the return of bride price has become more and more standardized. For example, the recent press conference held by the Supreme People's Court, the Ministry of Civil Affairs and the All-China Women's Federation to promote the change of customs and control high bride price, and the release of typical cases involving bride price disputes by the Supreme People's Court, bride price disputes are becoming closer and closer to real life Xi and balancing the legitimate rights and interests of both parties in the dispute.
However, through the above cases, it can also be found that once both parties really go to court over the issue of bride price, sufficient evidence is the most effective way to protect their rights and interests. In many cases, the parties are faced not with the court's refusal to return the bride price, but with the inability to clearly prove how much they have paid or whether the bride price has been paid.
3. How to prepare for bride price disputes
At present, it is generally believed that the bride price needs to be for the purpose of entering into marriage, and only when one party gives the other party a large amount of money or property of greater value in accordance with folk Xi is a bride price, and the daily gifts, red envelopes, or joint travel and entertainment expenses between the two parties in the process of love are usually recognized as gifts. In addition, it is difficult to recognize the cost of tobacco, alcohol, food, clothing, daily necessities and other items, as well as the entertainment expenses of the engagement banquet, for the purpose of marriage, when the relatives of the two parties come and go, or hold an engagement banquet or other ceremonies.
First of all, in the process of negotiating the amount of the bride price and finalizing the date of payment of the bride price, pay attention to keeping the chat records and call recordings of both parties, as well as the relevant chat records with the parents of the other party, and preliminarily determine the intention of both parties to pay the bride price and the preliminarily determined amount of the bride price. As for the question of whether the bride price has been paid, for example, in the above-mentioned case, the bank transfer can be directly noted as the bride price. However, according to folk Xi, in most cases, the bride price will be paid in cash or in the form of red envelopes, and it will be actually handed over to the other party at the other party's home, which makes it difficult to provide evidence and form a chain of evidence. In response to this situation, first of all, we should pay attention to the retention of the bride price fee**, cash withdrawal records, and relatives and friends can be present to witness when it is delivered to the other party, and take photos and videos of the bride price red envelope and the delivery site to prove that the cash or red envelope was indeed delivered to the other party, and form a sufficient evidence chain in accordance with the chronological order of delivery. For the "three golds" and "meeting gifts", the same attention should be paid to keeping relevant evidence, such as the purchase record of gold jewelry, proving that the purpose of purchasing gold jewelry is to give the other party's chats and testimonies.
Secondly, after the bride price is paid, it is necessary to pay attention to the subsequent use of the bride price. In life, there are many cases where both parties use the bride price and dowry for weddings, garages, or honeymoon tours, and at this time, the bride price and dowry will also be converted into the common property or living consumption of both parties because of the joint use of both parties, so on the use of the bride price, we should also pay attention to negotiating with the other party and keep relevant negotiation records. It is the beginning of a better life for both men and women to jointly operate a newlywed family through bride price and dowry, and no one wants to have conflicts due to various bride prices, but in recent years, various hot incidents involving bride price have occurred frequently, and it is necessary to do a good job in bride price planning and prevent it from happening.
In addition, in light of the opinions and replies of local courts on the issue of bride price in recent years, it should be noted that the giver and receiver of the bride price are not limited to both men and women, but may also include the parents or relatives of both men and women, who can be parties to the lawsuit for the return of the bride price. In a lawsuit for the return of the bride price that may exist in practice, in which both the man and the woman are the plaintiff and the defendant, or in the divorce lawsuit involving the return of the bride price, the defendant raises the defense that the plaintiff is not the actual payer or that he is not the actual recipient. Even so, if the bride price is paid to the relatives and friends of the other party, more attention should be paid to retaining relevant evidence, and only when it is successfully proved that the bride price was paid to the parents and relatives of the other party, can the relevant handling opinions of the court be combined to prevent the risk of bride price.
Conclusion
As a way to express feelings between men and women and their families, the bride price also contains expectations and blessings for marriage. In recent years, with the deepening of everyone's understanding of the bride price and the management of the bride price issue by various departments and courts, more and more people have begun to solve the bride price issue through legal channels. A high bride price is not the secret to ensuring family happiness, but can become the fuse of conflicts and disputes. As a major event in life, we must pay attention to the issue of bride price, prevent the risk of bride price, and treat bride price payment rationally, "let marriage begin with love, and let the bride price return to the gift".
*: Fingertip News.
Author: Hunan Furong Law Firm, Changsha No. 1 team.
Editor: Yi Sainan.