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 on "Promoting the Change of Customs and Governing High Bride Prices" to release typical cases of bride price disputes.
[Introduction].
The bride price, also known as the bride price, dowry, bride price, etc., is a traditional marriage Xi handed down in ancient China. In modern society, the meaning of the bride price has changed a lot, for the woman's family, the bride price is a kind of economic security and status symbol, it represents the man's cherishing and care for the woman. For the man, it represents the groom's commitment and responsibility to the bride.
However, in recent years, the sky-high price of bride price has changed this respect and responsibility, and at the same time sparked many discussions about social phenomena, ethics and legal issues.
The excessively high bride price** has put many ordinary families under tremendous economic pressure, and even caused social conflicts. In some regions, the sky-high bride price has become a way to compare and show off, making marriage a competition for money rather than an emotional union. In addition, there are also many gaps in the legal system regarding bride price, resulting in frequent legal cases.
[Typical Cases of Bride Price Disputes Issued by the Supreme People's Court].
Case 3: 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 refunded after deducting the expenses such as joint consumption
-- A case of property dispute over the marriage contract between Liu and Zhu
[Basic Facts of the Case].
Liu and Zhu (female) established a relationship in July 2020 and registered their marriage in September 2020. In the month of marriage, Liu transferred a sum of 800,000 yuan to Zhu's bank account with a postscript of "bride price", and transferred a sum of 260,000 yuan with a postscript of "hardware". Both parties work and live in cities in different provinces. Later, disputes arose due to preparations for the wedding and other matters, and the parties divorced by agreement in November 2020The marriage lasted less than three months. No children born after marriage, no joint property, no joint claims and debts. The parties lived together for a short time, and incurred some expenses for preparing for the wedding banquet, taking wedding photos, traveling together, and relating with relatives and friends. After the divorce, a dispute arose over the return of the bride price, and Liu sued Zhu to return the bride price of 1.06 million yuan.
[Judgment Result].
The trial court held that, with regard to the determination of living together, although the parties had already registered their marriage, judging from the subsequent taking of wedding photos and the preparation of the wedding banquet, the parties were still in the process of holding the wedding ceremony in accordance with Xi customs. The marriage relationship between the parties lasted less than three months, during which the parties worked and lived in different cities, and did not form a consistent plan for how to work, live and live in the future. Although the parties have lived together for a short time, they have not yet formed a complete family community and a stable living state, so it cannot be deemed that they have a stable life together. In view of the fact that the two parties have registered their marriage, and after Liu paid the bride price, the two parties have common expenses such as joint preparations for the wedding ceremony, joint travel, and exchanges between relatives and friends, this part of the expenses will be deducted. Accordingly, the court determined at its discretion that the bride price of 800,000 yuan should be returned.
[Typical significance].
The trial court held that although the parties had registered their marriage, they were still performing Xi rituals in the process of preparing for the wedding. From their behavior, it can be seen that they are on the road to marriage and look forward to the beginning of their life together. However, due to the different places where they work and live, they do not have a consistent plan and do not have a stable living together. Although they had a brief experience of cohabitation, a family community and a stable living situation had not yet been formed. Therefore,It cannot be assumed that they already have a stable life together.
Count it down,The man gave the woman a total of 1.06 million yuan in dowry, and after 3 months of marriage, the court ordered the woman to return 800,000 yuan. Many netizens said that even if the woman repaid a large part of it, the 260,000 yuan that was not returned was not a small number, and it was unfair for the man, what do you think about this?
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