What is the legal requirement for a divorce bride price?
Bride price, also known as financial gift, bride price, etc., refers to the bride price, gift money or other property that the man gives to the woman in accordance with the agreement between the two parties when the marriage agreement is initially reached. However, with the changes in society and the renewal of people's concepts, the meaning and use of bride price are constantly changing. In modern society, the divorce rate is rising, and the handling of bride price has become a matter of great concern. So, what is the legal requirement for a divorce bride price?
1. Legal provisions.
The Civil Code stipulates that the property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife. Therefore, if the bride price is received during the marriage, it should be divided equally in principle. However, if the bride price is given by the man to the woman before the marriage, then it is the woman's personal property and the man has no right to divide it in the event of divorce. In addition, if the bride price is a dowry or other form of gift from the woman, it should also be divided in accordance with the law in the event of divorce.
II. Judicial Interpretations.
In order to better guide the handling of bride price disputes, the Supreme People's Court further clarified the principles for adjudicating bride price disputes in the Interpretation (II) of Several Issues Concerning the Application of the Civil Code of the People's Republic of China. According to the judicial interpretation, bride price disputes should be comprehensively considered according to factors such as whether the parties are married, the nature of the bride price, and the time of gift. When handling bride price disputes, the principles of legality, fairness, and reasonableness should be followed, and the lawful rights and interests of both husband and wife should be protected, and the extortion of property under the pretext of marriage should also be prevented.
3. Practical operation.
In practice, the way in which the bride price is handled depends on the specific situation. If both parties agree to the divorce, the division of the bride price can be resolved through negotiation; If consensus cannot be reached, a lawsuit can be filed in court. When dealing with bride price disputes, the court will make a decision based on factors such as the actual circumstances of the parties, the nature of the bride price, and the time of gift. If the man can prove that the bride price is his personal property or that the woman is at fault, he may request the woman to return all or part of the bride price. 2024 Travel Guide In conclusion, the legal provisions for divorce bride price involve many issues. In practice, we need to comprehensively consider factors such as the actual situation, legal provisions and judicial interpretations. At the same time, we should also establish a correct concept of marriage, respect marriage laws and social moral norms, and avoid disputes and contradictions arising from the bride price.