Traditional Culture Encyclopedia - Hotel franchise - A woman in Bozhou voluntarily returned the bride price after divorce. Do you think it is necessary to return the bride price to the man after divorce?
A woman in Bozhou voluntarily returned the bride price after divorce. Do you think it is necessary to return the bride price to the man after divorce?
How does the law provide for the return of the bride price?
According to Article 10 of the Supreme People's Court's Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if one party requests to return the dowry paid according to the usual practice, and it is found that it does not belong to the following circumstances, the people's court shall support it: Second, if the two parties have not gone through the marriage registration formalities, if they have gone through the marriage registration formalities but have not lived together, they shall pay the family living expenses before marriage. Beneficiaries of difficulties. This means that under normal circumstances, when a man and a woman divorce, the court will not support the man's request that the woman return the engagement money she paid before marriage.
Under what circumstances should the bride price be refunded?
After the bride price is paid in advance, if the party who paid the dowry without going through the marriage registration requests to return the dowry, the other party must return the dowry. After paying the engagement gift money, if both parties register to get married but don't live together because of divorce, if the one paying the engagement gift money requests to return the engagement gift money, the other party must return it. When the dowry is paid, the marriage registration will be completed and the divorce will be completed. If the payment of the dowry causes difficulties to the payer, the party paying the dowry requests the other party to return the dowry.
How to stipulate the limitation of action for returning bride price?
There is a usual time limit for the return of the bride price, which is two years. According to the General Principles of Civil Law, the statute of limitations is calculated from the day when one knows or should know that one's rights have been infringed. Therefore, the calculation of the dispute can be as follows: if the two parties have not completed the marriage relationship, the party who pays the bride price must fulfill its rights on time and claim the rights from the other party. If the other party refuses to return it, the lawsuit begins to calculate; If both parties register for marriage, the payer must know that his rights have been violated from the date of dissolution of the marriage, and the limitation of action begins to calculate.
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