万人炸金花

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According to the case (sixty-eight)

Ganzi Daily November 11, 2019

[Case] I didn't get married when I delivered the gift in the marriage dispute. Can I ask for the gift?

case:

Mr. Wang (man) and Mr. Deng (woman), who lived in Moxi Town, Luding County, were introduced to each other. They got engaged on the sixth day of the lunar calendar this year. On the day of the engagement, Wang gave Deng a gift of 120,000 according to rural customs. A parent paid Deng a meeting gift of 20,000 yuan and other gifts of 2,000 yuan. Deng returned 20,000 yuan to Wang on the same day. In August, Wang and Deng discussed their marriage matters. Unexpectedly, they had a dispute to terminate the marriage contract. After reconciling with the middleman, Deng returned a gift of 70,000 yuan. The remaining 52,000 yuan Caili was unsuccessful. Wang urged to go to court without success.

The Luding County People's Court found that according to Article 10, paragraph 1, of the "Interpretation of the Supreme People's Court on Several Issues in the Application of the" People's Republic of China's Marriage Law ", if the parties requested the return of the gift given in accordance with custom, if both parties were found If the marriage registration procedure is indeed not completed, the people's court shall support it. In this case, Wang and Deng had a dispute to dissolve the marriage contract when they discussed the marriage, and the two did not go through the marriage registration formalities at the Civil Affairs Bureau. Therefore, Deng should return all the gifts paid by one party to Wang according to law. After organization and mediation, Deng still He refused to pay and argued that he only received 70,000 yuan in color gifts. In the case that the mediation of the case was found to be unsuccessful, the judge sentenced the defendant Deng Mou to return 52,000 yuan in color to the court.

Judge comment:

Caili is a folk custom. After the gift is given, the marriage contract is officially concluded. During the trial, after questioning 3 matchmakers, engagement witnesses and physical evidence at the time of the engagement, the judge determined that the testimony of the 3 witnesses can be mutually verified, and the WeChat chat screenshot between the witness testimony and the gift delivery, and the original defendant can confirm the original and defendant. The fact that Cai Li was delivered then supported the plaintiff's claim in accordance with the law.

(Source: Luding County People's Court)


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