Exploration of the Nature, Scope, and Return Rules Regarding Betrothal Gifts

DOI: https://doi.org/10.62517/jel.202614419

Author(s)

Jiayi Zhu*

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author

Abstract

Unlike the practice of demanding property through marriage or gifts made during the romantic relationship, betrothal gifts are a form of conditional donation made with the purpose of marriage and typically involve a substantial amount of property. After defining the scope of betrothal gifts clearly, the Judicial Interpretation No. 1 [2024] of the Supreme People's Court have shifted the perspective to the improvement and application of the rules for the return of betrothal gifts. Specifically, the refinement of these return rules primarily involves clarifying the parties eligible to initiate litigation in cases involving bride prices and establishing the specific application of the concept of cohabitation under both scenarios where the marriage has been registered and where it has not. As for the specific application, it depends on the determination of the contents and exploration of the relationship of the various factors involved. Namely, the actual use of betrothal gifts and dowry are the factors determining whether to return. In addition, common life, pregnancy and fault of both parties are the criteria for determining the specific proportion of return. As well as, local customs are the overall application of the remaining factors.

Keywords

Judicial Interpretation No.1 [2024]; Legal Nature of Betrothal Gifts; Definition of the Scope of Betrothal Gifts; Rules for the Return of Betrothal Gifts.

References

[1] Xue Ninglan, Cui Dan. On the Nature and Return Rules of Bride Price. Women's Studies Forum, 2024 (5): 87-98. [2] Shi Shangkuan. On Family Law. China University of Political Science and Law Press, 2000. [3] Long Jun. The Theoretical Basis and Claim Structure of Bride Price Return. Study and Practice, 2024(10): 65-75. [4] Zhao Yixin. The Legal Dilemma in Bride Price Dispute Cases and Its Solution Path – With a Review of the Provisions on the Return of Bride Price in Judicial Interpretation [2024] No. 1. Journal of Henan Normal University (Philosophy and Social Sciences Edition), 2024, 51(5): 81-88. [5] Wang Zejian. Civil Law Theories and Case Studies (Volume 1). China University of Political Science and Law Press, 1998. [6] Liu Qingsheng, Xie Mei. On the Return of Betrothal Gifts. Journal of Southwest Jiaotong University (Social Sciences Edition), 2011, 12(01): 120-126. [7] The First Civil Division of the Supreme People's Court. Understanding and Application of the Supreme People's Court's Interpretation (I) of the Marriage and Family Section of the Civil Code. People's Court Press, 2021. [8] Wang Dan. Judicial Response to Bride Price Disputes under the New Circumstances. China Applied Jurisprudence, 2024 (01): 133-142. [9] Wang Baoshi. A Study on the System of Return of Marriage Gifts in German Law. China Applied Jurisprudence, 2020(03): 145-163. [10] Yao Mingbin, Liu Yiting. The Normative Structure of the Claim for Return of Bride Price. Nanjing University Law Journal, 2023(04): 1-17. [11] Yu Mingfeng, Ma Jun. A Study on the “Folk Law” Function of Marriage Gifts – Based on a Survey of Village J in Hunan Province. Folk Law, 2019(2): 315-319. [12] Chen Yifang, Wu Jingli, Wang Dan. Understanding and Application of the Provisions on Several Issues Concerning the Trial of Bride Price Dispute Cases. People's Judicature, 2024(10): 21-26. [13] Wang Yang. Systematic Reconstruction of the Scope of Bride Price and the Grounds for Return – A Review of the Supreme People's Court's Provisions on Bride Price Disputes. Women's Studies Forum, 2024(2): 33-46. [14] Wang Dan. Current Situation of Bride Price Disputes and Judicial Responses. People's Judicature, 2023(16): 50-53. [15] Liu Binbin. Reflection and Reconstruction of the Bride Price Return System Based on the Spirit of the Civil Code. Tianjin Legal Science, 2021, 37(02): 53-60. [16] Zhang Xinbao. An Analysis of the Principles and Methods of Filling Legal Gaps – Taking the Provisions on Bride Price Disputes as an Example. Peking University Law Journal, 2024, 36(04): 919-939. [17] Li Fulei. On the Functional Transformation and Rule Reconstruction of Bride Price. Journal of the Graduate School of the Chinese Academy of Social Sciences, 2021(01): 68-78.