For the issue of colorful gifts, a judicial document issued by the Supreme People's Court of China on Thursday (January 18) is clear that it is forbidden to obtain property by marriage.
According to the China News Agency, the Supreme People's Court's provisions on the application of several laws (hereinafter referred to as the provisions) of the Supreme People's Court on the case involving gifts (hereinafter referred to as the provisions) will be implemented from February 1 this year.The Supreme Law stated that the number of cases involved in color -related gifts has risen in recent years, and even malignant criminal cases caused by the return of the gift of gifts, the formulation of regulations is designed to respond to concerns and summarize experience.
In judicial practice, the gift that exceeds the normal family expenditure has become a heavy burden on many families, and some people even use the name of a gift to scam.It is stipulated that it is clear that "one party shall be used to obtain property in the name of colorful gifts, and the other party shall be supported if the other party requests it."
In response to the key difficult problem of the scope of the color gift recognition, it states that according to the purpose of paying the property, the local customs, the time and method of the payment, the value of the property, the value of the property, the payer and the receiver can be comprehensively considered., Determine the scope of gifts.
It also specifies that several types of property that does not belong to the gifts is clearly excluded, including "gifts and gifts paid for" one party on festivals and birthdays such as festivals, birthdays, etc. "The daily consumption expenditure of expression or enhancement of emotions ", etc., believes that it can be returned when the marriage contract is lifted or divorced.
At present, whether the parents of both parties in the practice can be regarded as a controversial issue of the parties in the lawsuit.It is specified on the basis of considering traditional customs, distinguish the two situations of "marriage contractual disputes" and "divorce dispute", and it is clear that "one party in the marriage contract property dispute, one party and their actual paying gifts can be used as the common plaintiff;Parents who actually receive colorful gifts can be used as co -defendants. "
In addition, when the Supreme Law formulates this judicial document to publicly solicit opinions from the society, there is a feedback that it should not be considered as a consideration of whether it should be given to the reward.However, considering the dedication of women in terms of pregnancy, childbirth, and childcare, it is stipulated that it is clear that the consideration of reducing the return of colorful gifts or even not returned.
