On the fifth day of the first month, welcome the God of Wealth.
It's also Valentine's Day every year.
On this sweet day.
We have prepared a "French" gift bag.
Please pay attention to check
part1.Online dating, choose me, I'm super sweet, cheating feelings and cheating money
TA has assets of over 100 million.
TA is affectionate and righteous.
He drove a Ferrari with one hand
Take me to get drunk and give me a Maserati.
The online datingperson wants to borrow money to turn around the business.
And promised high returns in the later stage.
Behold. After the money is transferred.
The other party disappeared without a trace.
Prosecutor's tip
When dating online, you must carefully verify the identity of the other party to prevent falling into the trap. Regardless of whether the other party is "Bai Fumei" or "Gao Fu Handsome", those who ask for money if they don't meet are **! If you are accidentally deceived or encounter suspicious situations, please pay attention to protect the evidence and call the police immediately on 110. Links to legal provisions
Article 266 of the Criminal Law of the People's Republic of Chinawhere public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
part2: When you are in love, you and I are in love 520 When you break up, the giant wheel of love sinks when you say it sinks
Scenario one
On Valentine's Day, birthdays and other specific holidays, sending red envelopes with special amounts such as "520" and "1314" to the other party, or giving items that are clearly gifts, and giving them to the other party as an expression of love, even if the two parties break up, they should not support the return.
Scenario two
If the husband pays the woman money during the relationship, the two parties clearly agree that the money is a loan, and there is a loan agreement or IOU and other documents, and there is a clear agreement to borrow money, and the man can claim that the woman return the corresponding money.
Scenario three
If the parties have paid a real estate, a car or a large amount of cash or money transfer for marriage during the relationship, since the amount involved is relatively large, it is generally a gift for the purpose of marriage, and it can be presumed to be a bride price, and if the relationship breaks down, the paying party may demand the other party to return it.
Prosecutor's tip
During the relationship, in order to cultivate feelings and give gifts to each other or spend money consumption activities, generally belong to the nature of gifts, gifts are not allowed to be revoked in principle after the actual performance, after the breakup of the request to return, is likely not to be supported, so love needs to be rational, gifts to be rational.
Links to legal provisions
Article 657 of the Civil Code of the People's Republic of ChinaA gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
Article 658The donor may revoke the gift before the transfer of rights to the donated property. This provision does not apply to notarized gift contracts or gift contracts that have the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled, which may not be revoked in accordance with law.
Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).
Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities;
2) The parties have gone through marriage registration formalities but do not live together;
3) Premarital payments that cause hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
part3.Talking about marriage Write down these legal tips first
Property issue I
Pre-marital property after marriage.
Will it be converted into marital property?
Unless otherwise agreed by the parties.
Otherwise, one of the parties' personal property shall not continue as a result of the marriage.
and transformed into common property.
However, the income generated by the personal property of one of the spouses after the marriage.
In addition to yields and natural value addition.
It shall be recognized as the joint property of the husband and wife.
Links to legal provisions
Article 1063 of the Civil CodeThe pre-marital property of one of the spouses is the personal property of one of the spouses. Article 31 of the Judicial Interpretation on Marriage and Family (1).Article 1063 of the Civil Code stipulates that the personal property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties. Article 26 of the Judicial Interpretation on Marriage and Family (1).The income generated by the personal property of one of the spouses after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.
Property-related issues IIThe money paid by one of the parents for the purchase of a house by both parents.
How are pre-marital and post-marital characterization?
Links to legal provisions
Article 29 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of ChinaWhere before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties.
After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.
Paragraph 1 of Article 1062 of the Civil CodeThe following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
*|Capital Cyber Police.