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借婚姻索取财物
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最高法:以婚姻为目的给付的购房款、购车款等,可按彩礼裁判规则处理
Xin Lang Cai Jing· 2026-01-11 05:53
Core Viewpoint - The Supreme People's Court of China has clarified that monetary gifts given with the intention of marriage, such as housing and vehicle payments, can be treated as bride price and adjudicated accordingly [1][2][3] Group 1: Case Summary - In a case involving Zhao and Li, Zhao provided a bride price of 66,000 yuan and a vehicle payment of 150,000 yuan, both intended for marriage [1] - The court ruled that both payments were made with the purpose of marriage and thus qualified as bride price, supporting Zhao's request for a refund [1][2] - The court ordered Li to return over 170,000 yuan after considering the actual consumption and circumstances surrounding the relationship [1] Group 2: Legal Framework - The Supreme Court's regulations state that large monetary gifts given with the intent of marriage should be treated as bride price under the applicable rules [3] - The court emphasized that the determination of bride price should consider local customs, the purpose of the payment, and the relationship context [2][3] - The court also clarified that certain small gifts given on special occasions or for emotional expression do not qualify as bride price [5] Group 3: Judicial Attitude - The Supreme Court reiterated its stance against using marriage as a means to extract financial benefits, emphasizing the need for comprehensive evaluation of the relationship context [5] - The court highlighted the importance of marriage registration as a formal requirement in assessing claims related to bride price [5]
恋爱期间消费、婚前买房买车,是否属于彩礼?
Xin Lang Cai Jing· 2026-01-09 04:20
Core Viewpoint - The Supreme People's Court has released a third batch of typical cases related to bride price disputes, aiming to enhance the understanding of adjudication rules across various courts and promote family and social civilization through fair judgments [1] Group 1: Key Points on Bride Price Nature - Payments made for housing or vehicles with the intention of marriage can be treated as bride price according to adjudication rules [1] - Bride price varies by region, and courts should consider local customs, payment timing, methods, value, and the parties involved to determine its scope [1] - The judicial interpretation states that if one party gives substantial amounts like housing or vehicle payments for marriage purposes, these should be treated as bride price [1] Group 2: Case Summaries - In Case 1, a dispute over a car payment was resolved by determining it was given with the intention of marriage, thus qualifying as bride price, leading to a partial refund decision [2] - Case 2 involved multiple transfers between cohabiting parties, where the court ruled that the transfers were for shared living expenses, denying the request for refunds [3] - Case 4 highlighted a situation where a party was found guilty of fraud related to bride price, leading to criminal charges [4] - Case 5 clarified that in situations of long cohabitation without marriage registration, the court ruled against refunding bride price, aligning with judicial interpretation standards [5] Group 3: Judicial Attitudes - The court emphasizes a strict stance against obtaining property through marriage, requiring comprehensive assessments of the relationship context and behaviors of the parties involved [3] - The court will consider the duration of cohabitation and the circumstances surrounding marriage registration when evaluating claims for refunds [3]
最高法重申禁止借婚姻索取财物:构成犯罪的依法追究刑责
Xin Lang Cai Jing· 2026-01-09 04:14
Group 1 - The Supreme People's Court reiterates its judicial stance against obtaining property through marriage, stating that in civil cases, the party requesting property must return the corresponding assets, and criminal behavior will be prosecuted [1] - To unify the adjudication standards for cases involving bride price disputes, the Supreme Court released a third batch of typical cases on January 9, emphasizing the need to assess whether there is an act of obtaining property through marriage by examining the parties' background, cohabitation, and fault [1][2] - In a case involving a "flash marriage," the court supported the request for divorce and return of the bride price, noting the short duration of cohabitation and the lack of a stable marital relationship [2] Group 2 - Another typical case involved fraudulent behavior, where an individual named Lu was found to have multiple marriage-related property disputes and was suspected of marriage fraud, leading to criminal prosecution [3] - Lu was found to have defrauded multiple individuals of over 630,000 yuan under the pretense of marriage, and the court ruled that such actions constituted a crime, resulting in imprisonment and fines [3] - The Supreme Court highlighted that individuals who defraud others under the guise of requesting bride prices not only need to compensate the victims but also face criminal liability, regardless of any prior civil judgments [3]
相亲后索财不断,“给钱才领证”?法院:全额返还!
Xin Lang Cai Jing· 2025-12-27 23:52
Core Viewpoint - The case revolves around a dispute between two individuals regarding the return of money given under the pretext of marriage, highlighting issues of financial exploitation and the legal implications of such actions [1][3]. Group 1: Background of the Case - The individual named Tu met Jiang through a dating group and expressed a desire for a relationship, which led to Jiang requesting a "bride price" of 18,000 yuan, with an initial payment of 2,000 yuan [1]. - Over time, Tu transferred over 50,000 yuan to Jiang, who subsequently became unresponsive and avoided discussions about marriage [1][2]. Group 2: Legal Proceedings - Tu filed a lawsuit against Jiang in the local court, seeking the return of the money given during their relationship [2]. - The court determined that Jiang's actions constituted financial solicitation under the guise of marriage, violating legal and ethical standards [3]. Group 3: Court's Decision - The court ruled that Tu's financial contributions were invalid as they were made under the premise of marriage, which Jiang exploited for personal gain [4]. - Jiang is required to return the full amount of over 50,000 yuan to Tu as per the court's ruling [4].
说法丨给钱才领证?借婚姻敛财行不通!
Ren Min Wang· 2025-12-27 12:48
Core Viewpoint - The case revolves around a dispute between two individuals regarding the return of money given under the pretext of marriage, highlighting the legal complexities of distinguishing between financial gifts in a romantic relationship and financial demands tied to marriage intentions [1][2][3] Group 1 - The individual named Tu met Jiang through a matchmaking WeChat group and expressed a desire for a relationship, which led to Jiang requesting a "bride price" of 20,000 yuan initially, with an additional 180,000 yuan promised if they decided to marry [1] - Over the course of their relationship, Tu transferred over 50,000 yuan to Jiang, who subsequently began to avoid communication and made further financial demands, leading Tu to end the relationship [1] - Tu argues that the money given was a result of Jiang's coercive demands related to marriage, which is prohibited by law, while Jiang claims the funds were voluntary gifts during their relationship [1] Group 2 - Tu has taken legal action against Jiang in the local court, seeking the return of the money transferred during their relationship [2] - The court faces the challenge of determining whether the financial exchanges were coerced under the guise of marriage or genuine gifts made during the relationship [3]