"Bride price" is a traditional marriage custom in China, and the number of cases involving bride price disputes has been on the rise in recent years. In this regard, the Supreme People's Court issued a provision on several issues concerning the application of law in the trial of cases involving bride price disputes on January 18, helping to guide the people to look at the bride price issue more rationally by clarifying the adjudication rules. The regulations will come into force on February 1, 2024.
The provisions clearly oppose the extortion of property through marriage, and clearly point out that if one party extorts property in the name of marriage in the name of bride price, and the other party requests to return it, the people's court shall support it.
According to the provisions, when hearing a case involving a bride price dispute, the people's court may determine the scope of the bride price based on the purpose of the payment of the property by one party, and comprehensively considering the local customs of both parties, the time and method of payment, the value of the property, the giver and the recipient, and other facts.
The provisions also make it clear that gifts and cash gifts of little value given by one party at special commemorative occasions such as festivals and birthdays, daily consumption expenses to express or enhance feelings, and other property of little value are not bride price.
At the same time, it is stipulated that the rules for the return of the bride price are further improved, making it clear that if the two parties have already registered their marriage and live together, and at the time of divorce, one party requests the return of the bride price paid in accordance with custom, the people's court will generally not support it.
However, if the period of living together is relatively short and the amount of the bride price is too high, the people's court may determine whether to return the bride price and the specific proportion of the bride price based on the actual use of the bride price and the dowry, comprehensively considering facts such as the amount of the bride price, the circumstances of living together and the circumstances of pregnancy, and the fault of both parties, as well as local customs.
Where the parties have not completed the marriage registration but have already lived together, and one party requests the return of the bride price paid in accordance with custom, the people's court shall, on the basis of the actual use of the bride price and the dowry, comprehensively consider facts such as living together and the circumstances of pregnancy, the fault of both parties, and consider local customs, to determine whether to return the bride price and the specific proportion of the return.
Text**: Xinhua News Agency (Reporter: Luo Sha Qiqi), Rule of Law**.