| The betrothal gift originated from the "Nazheng" in the "Six Rites" of the Western Zhou Dynasty,and is a very important part of China’s marriage customs.This kind of folk custom,which was very popular in ancient times,has not declined with the development of society in the contemporary era.On the contrary,the bride price is still widespread and very popular in China’s current marriage customs.In recent years,as China is in a transitional period of economic development,the speed of economic development is becoming faster and faster,the speed of social progress has significantly increased,and the per capita disposable property is increasing.With this,the amount of betrothal gifts continues to increase,leading to a significant increase in disputes arising from the return of betrothal gifts.In order to resolve the increasing number of betrothal gifts disputes,Article 5 of the Interpretation of Marriage and Family Code(1)of the Civil Code provides for several situations in which the return of relevant betrothal gifts can be requested.Although this explanation provides a definitive basis for relevant situations in practice,there are inevitably many practical problems.Firstly,this interpretation does not clearly define the concept,characteristics,and legal nature of the betrothal gift;Secondly,there are no clear provisions on the definition of the scope of the betrothal gift,the return of the betrothal gift to the subject of the lawsuit,and the identification criteria for "living together" and "living in difficulties";Finally,this interpretation does not provide for the protection of the rights and interests of vulnerable groups such as women and children,as well as the protection of innocent parties.This article studies the issue of return of betrothal gifts through four parts.In the first part,the author discusses the research background and significance,literature review,research content and methods,and the innovation and shortcomings of the paper;In the second part,the author selected four typical cases of marital property disputes,and through the analysis of the cases,summarized the core issues of the issue of the return of lottery gifts.At the same time,the author summarized and classified the relevant cases,further supporting the issues raised by the author.In the third part,the author defines and analyzes the concept and characteristics of betrothal gifts,and then explores the legal nature of betrothal gifts by comparing different theories on the legal nature of betrothal gifts.At the same time,it has done a detailed research and analysis on the subject of the lawsuit and the influencing factors of the return of the betrothal gifts;In the fourth part,the author provides reference for the improvement of China’s betrothal gifts return system through the analysis and research of foreign related systems.At the same time,the author sets out from China’s laws and actual situation,and draws on the experience of foreign related systems,and puts forward corresponding suggestions for the improvement of China’s betrothal gifts return rules from four aspects: First,the scope of betrothal gifts should be well defined,The second is to define the scope of the subject of litigation for the return of the betrothal gift,the third is to clarify the criteria for determining "living together" and "living in difficulties",and the fourth is to fully consider relevant factors that affect the return of the betrothal gift,such as fault,miscarriage of the woman,or the birth of a child. |
