Improvement of Betrothal Gift Return Rules Under the Integration of Law and Custom:A Case Study of Judicial Decisions in Fujian Province
Betrothal gifts hold an indispensable role in the marriage customs of many regions,leading to frequent disputes over their return. Due to the overly simplistic legislative provisions on the return of betrothal gifts and the diverse customs across different regions,courts face significant variability in the factors they consider when handling such disputes,affecting the consistency of judicial decisions. This study focuses on judicial decisions in Fujian Province,analyzing the shortcomings in the adjudication of betrothal gift return disputes. It suggests that,based on defining the nature and scope of betrothal gifts,courts should reference local customs to clarify the circumstances under which betrothal gifts should be returned. Additionally,the study explores the proportion of betrothal gift re-turns in conjunction with local customs and proposes a unified standard for determining "financial hardship". These measures aim to further improve the rules for the return of betrothal gifts through the integration of law and custom.
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