The Supreme Law releases new rules for the referee rules for colorful gift disputes, and guides the masses to view the issue of colorful gifts rationally.On January 18, the Supreme People's Court issued a number of issues on the applicable laws on the trial of the case -related disputes, and will be implemented from February 1, 2024.
In recent years, the amount of gifts in many places has continued to rise, forming a comparison style.The Supreme Law pointed out that from the situation reflected in judicial practice, the number of cases involving gifts in recent years has shown an upward trend in recent years, and even malignant criminal cases caused by the return of color gifts.
The Supreme Law stated that the court should adjust appropriately according to the principle of honesty and trust to properly balance the interests of both parties.In response to some people's names of scamming in the name of colorful gifts, serious damage to the legitimate rights and interests of colorful gifts, and justice should resolutely fight.
Standardize the principles such as colorful gifts and return principles, and complete the rules of color gifts
The Supreme People's Court on the application of LT; the People's Republic of China Code GT; Interpretation of Marriage and Family Editor (1) (hereinafter referred to as the Civil Code Marriage and Family Editors (1)) stipulates three cases that can be repaid, including:Unfample registration, marriage registration, but not living together, and pre -marital payment leads to the difficulty of paying people's life.
The Supreme Law Introduction, in recent years, the case involved in the lottery presents the following two new characteristics: First, it has been registered for marriage and has lived together, but the common life time is short;No marriage registration.
"The two types of cases cannot apply the above judicial interpretation provisions, whether the gift returns and how to determine the proportion of returns have become difficult for trial practice."The key difficulties such as the subject qualifications of the lawsuit are regulated, and the interpretation of the marriage and family compilation of the marriage of the Civil Code (1) forms a logical complete rules of the law of logical complete gift disputes.The first is to reiterate the prohibition of marriage to ask for property.It is clear that the people's court shall support it in the name of the name of the gift, and the other party's request should be returned.
The second is to clarify the difference between color gifts and love during love.It is clear that when a certain payment belongs to the gift, the purpose of the two parties can be comprehensively considered according to the purpose of paying the property, the time and method of paying, the value of the property, the value of property, the benefit, and the receiving person.For example, the time to check whether the time for the payment is the fact that the two parties talk about marriage, whether there are parents of both parties or introduceers, and the value of property.It specifies that several types of property that does not belong to the gifts is also clearly excluded at the same time, including: a gift, gift money, and one party that has a special commemorative significance on a festival or birthday.Consumption expenditure, etc.The amount of such property or expenditure is small, mainly to enhance the needs of emotions. When the marriage contract is lifted or divorced, it can be returned without returning.
Third, the subject of litigation of the dispute involved in colorful gifts.In the dispute between Cai Li returning, the main controversial problem in the procedure is whether the parents of the marriage contract can be used as a litigation party.The provisions are fully considered the above customs, and the two situations are distinguished: First, the marriage contract dispute.In principle, such cases are based on the parties to both parties in the marriage contract. However, in practice, the payer and receiver of the Caigi are not limited to the marriage contracting parties. The parents of both parties may also participate in it to respect the customs, and it is also conducive to identifying the amount of color gifts., The actual usage of Cai Li, determine the responsibility to bear the subject, and stipulate that in the dispute between the marriage contract and property disputes, the parents who have the actual marriage party can be used as the common plaintiff;The second is a divorce dispute.Considering that the lawsuit of a divorce dispute is mainly to relieve marriage, it is not advisable to use other people other than marriage as the parties. Therefore, it is clear that the parties are still husbands and wives in the divorce dispute that one of the parties in the divorce dispute.
Fourth is to improve the rules of color gifts.The interpretation of the marriage and family editor of the Civil Code (1) Although the issue of Cai Li returning the problem, there are still two situations in terms of legal logic.But I have lived together.In the first case, the two parties have completed the marriage registration procedures and live together. When the divorce requests the color gifts paid in accordance with the custom, the people's court should not be supported.However, we must also see that in addition to the legal form of marriage registration, the purpose of paying Cai Li is more important to live together for a long time.Therefore, the length of time of common life should be used as an important consideration for determining whether the colorful gift returns and the return ratio.In the case of "flashing", if the request of the relevant return gift gift is completely supported, especially the high -amount gifts for the power of the whole family will make the interests of the two parties obviously imbalance.Use and dowry situation, comprehensively consider the facts of colorful gifts, common life and breeding situation, and faults of both parties to determine whether the return and the specific proportion of the return; in the second case, if the two parties do not apply for marriage registration, in principle, the colorful gift should be given to be givenReturn.But it should not be ignored the "husband and wife" of common life.On the one hand, the facts of the common life carried the important purpose of paying the party, and on the other hand, it would have a certain degree of impact on women's physical and mental health, especially in the case of pregnancy experience or childbirth.If you are required to be returned because you are not required to be returned because you have not handled the marriage registration, it is not conducive to protecting the legitimate rights and interests of women, and it should be based on the actual use of the gift and the downtown situation, comprehensively consider the facts of common life and breeding, and the faults of both parties.Determine whether it is returned and the specific ratio of return.The regulations are specified in two provisions.
Celebration should consider the dowry situation, and should not be used as a consideration factor
In terms of the rules of dowry treatment, the Supreme Law is still specifically stating that as a marriage custom that is accompanied by colorful gifts, dowry is still more common, but there may be large differences in different regions and different families.To this end, the provisions of Article 5 and 6 are clearly considering the dowry situation when the gift returns, that is, the amount of dowry that has been consumed or added to the man's property should be deducted.
Regarding the specific form of asking for property by marriage, the Supreme Law believes that the boundaries of obedience and gifts in practice by making marriage cannot be simple.The opportunity to take property, and the willingness to be married as a subjective factor also needs to be proved objective facts in the lawsuit, and it is difficult for the parties to proof in practice.
There is an opinion that after receiving the colorful gifts, it is absconding with the money or in the short term after receiving the marriage as a high -quality gift. If there is no legitimate reason to regret marriage, it shall be determined to obtain property by marriage.The Supreme Law stated that if there is evidence to prove that the above situation is existing, the people's court shall support it if the other party shall be returned according to the regulations.In practice, if the situation is serious or even suspected of criminal crimes, the people's court should resolutely crack down on this behavior.
In addition, in the identification of common life, there is a opinion that it should be clear how long the common life should be returned without returning the gift."Considering the proportion of Cai Li's return not only needs to consider the time of common life, but also the facts such as breeding and faults of both parties. Different factors will appear different combinations. The specific time may harm the interests of one party." The Supreme Law said that the Supreme Law saidThe regulations do not specify the specific time of life, and in practice should be comprehensively determined according to the specific situation of the case.
There are also comments that whether to give birth to the consideration of the consideration of the gift return.To this end, the regulations have clearly regarded this as a consideration factors that reduce the return of colorful gifts or even do not return to better protect the legitimate rights and interests of women.
For example, a typical case of the Supreme Court's previously released gift -related gifts. Although the two parties did not apply for marriage registration, they had lived together after the wedding and gave birth to their children according to local customs.
