Betrothal gifts, it is the one big popular topic of single men and women these a few years all the time.
And be in many places, betrothal gifts can not be a small amount, if marriage is done not have, this money says to was about to return normally, but somebody slants so not dry, and cost is for tens of thousands of money, age was become gently " Laolai " .
3 90 hind the girl does not return betrothal gifts to be labelled " Laolai "
Recently, county of Northen Wei Dynasty of reporter discovery river has two 90 hind the woman did not return betrothal gifts to become because of refus " Laolai " .
Court of people of county of the Kingdom of Wei releases (2017) look forward to 0434 hold book of 616 executive rulings shows, be born in the Li Xiaozhen 1999, fulfill ability because of having and copy clerk of law of refus nonperformance become effective determines obligation, was labelled on November 27, 2017 " Laolai " .
The information that net of juridical copy clerk discloses shows, during Li Xiaozhen and ginger cloud the first month live together, because bilateral property produced difference, then Jiang Yunmeng puts forward cohabitational analyse to produce to court of county of river Northen Wei Dynasty. Court decision of court of people of county of the Kingdom of Wei asks Li Xiaozhen is returned return money of Jiang Yunmeng betrothal gifts 50000 yuan.
The experience of the Jiang Xiaomin that comes from county of the Kingdom of Wei likewise is provided more dramatic. The Jiang Xiaomin that was born 1995 was labelled on April 14, 2016 " Laolai " , do not return money of betrothal gifts of Guo peace and happiness because of its refus only 35000 yuan. The information that net of juridical copy clerk discloses shows, jiang Xiaomin and Guo Kang's happy divorce dispute still were caused fight inside the family together, even because of,the left hand of Jiang Xiaomin's father is returned this fracture.
Happened to much origin does not return betrothal gifts and be labelled in recent years " Laolai " case.
According to net of juridical copy clerk, at the beginning of 2016, be born in the Wang Wenhua 1990 and Zhao Mou some is engaged, wang Wenhua receives Zhao Mou money of some betrothal gifts 82000 yuan, both sides removes because of bagatelle after affiance, wang Wenhua refus does not agree with money of go back betrothal gifts, some appealed to Zhao Mou on September 13, 2016 to the court, shandong saves court of people of gigantic wild county to adjudicated on November 2, 2016 Wen Hua of the accused king is returned return accuser Zhao money of such-and-such betrothal gifts 82000 yuan, since the day at adjudicating become effective fulfill inside 5 days end, after adjudicating become effective, because the accused fails to fulfil legal obligation on schedule, accuser applies for a court to be carried out compulsively. Person be executived also the obligation with firm court decision of become effective of refus nonperformance court.
Besides above 3 90 hind the girl, return betrothal gifts money because of refus " Laolai " after there also is 80 in list. According to net of juridical copy clerk, shandong saves court of people of gigantic wild county to adjudicated the accused Li Yanxia on June 3, 2013 (was born 1982) return return betrothal gifts money 85000 yuan, since the day at adjudicating become effective fulfill inside 10 days end, after adjudicating become effective, because the accused Li Yanxia fails to fulfil legal obligation on schedule, accuser applies for a court to be carried out compulsively. Court of people of gigantic wild county lawfully to service of Li Yanxia of person be executived belongings of executive advice note and report makes, but person be executived did not declare belongings in deadline introversion court, and the obligation that court decision of person court become effective determines refus nonperformance.
How should be betrothal gifts returned still?
So below what circumstance, does betrothal gifts need to return return? Top people court about applicable " marriage law of People's Republic of China the explanation of a certain number of problems (2) " the 10th regulation, party requests to return still according to consuetudinary give paid betrothal gifts, if find out,attribute the following situation, people court ought to give support:
(one) both sides was not dealt with marry of the formalities that register;
(2) both sides is dealt with marry the formalities that register but did not live jointly truly;
(3) give before marriage pay and bring about those who pay a person to be badly off. Applicable before paragraph (2) , (3) regulation, ought to be a condition with bilateral divorce.
According to Shanxi evening paper the report before this, zhang Jianhua's lawyer represents office of attorney of Shanxi China fire, in marriage consuetudinary in, a lot of common people think, if be man regret marriage, the woman does not return betrothal gifts; If woman regret marriage, the woman should return betrothal gifts. Actually otherwise, marriage law judicatory explains (2) the first the 10th regulation, "Both sides was not dealt with marry the formalities that register " case, belong to return the case that returns betrothal gifts. That is to say, no matter be man regret marriage, still be woman regret marriage, if was not dealt with,marry only register, should return betrothal gifts.
That if regret marriage, what betrothal gifts should be returned? In judicatory practice, need to return except monetary share in betrothal gifts outside returning, some objective also need to return still. For instance bullion headgear, vehicle, home appliance be able to bear or endure caustic consumable, after considering likely loss commonly, can label return returned belongings limits. But the article that waits to be used up easily to wine of clothings, cosmetic, smoke, food, had used up, need not include return returned belongings limits. As to return the number that returns betrothal gifts to be able to wait for an element according to bilateral fault degree, bilateral economic atmosphere, take into consideration the circumstances is certain.
In addition, one party does not retreat betrothal gifts to be suspected of refus possibly still hold blame by put on record. Net of courtyard of the national law in occupying reports before this, 2016, the Fujian Province politics with the county Wei Mou of some village villager, because default refus of other betrothal gifts to be not returned,return, by politics with prefectural people court in order to be suspected of refus hold the blame moves send public security mechanism put on record. The refus that big the daily life of a family says hold the blame calls refus not to carry out blame of court decision, ruling completely, it is to point to pair of people courts already of become effective have the court decision that pays content, ruling to have the party that fulfils obligation, in have fulfill ability and below the circumstance that can fulfill, refus nonperformance, the conduct with serious clue.
The court decision that our country criminal law sets pair of people courts the 313rd times, ruling is capable to carry out and refus is not carried out, the clue is serious, handle battle of 3 years of the following set term of imprisonments, arrest or fine; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
The judge reminds:
"Laolai " entering punishment is not a fun absolutely, reach on the court reconcile, gave a court not acknowledge a debt, play be missing, move belongings, law is not trifling matter, careful " make fun of petty trick " may let your second change " captive " .
Alleged, good had gotten together to come loose, acquaintance is lot,
Cannot become a family, but unapt also into enemy,
Otherwise, law also won't let off you!
