The Systematic Construction of the Scope and the Basis of Return of Betrothal Gifts:Interpretation of the Supreme People's Court's Provisions on Betrothal Gifts Disputes
The definition of the scope of betrothal gifts includes three criteria,namely,"for the purpose of marriage","the existence of the customs of betrothal gifts",and"a large value of property".Based on the objective value of property,there can be three logical distinctions from"sky-price betrothal gifts",to normal betrothal gifts,and to ordinary gifts.However,it is not necessary to distinguish the two,"sky-price betrothal gifts"and normal betrothal gifts,because the rules for return of betrothal gifts are applicable to both.On the one hand,to seek"property through marriage",an act difficult to be distinguished from the woman's acceptance of betrothal gifts at marriage,can be used as an accusation of the woman's fault in the rule of return.On the other hand,when the man is"pressured by customary practice to give"without making distinction between the betrothal gifts and the ordinary gifts,it is also difficult to apply the rules of return of betrothal gifts.The core difference should be based on the objective value of the property.Among the grounds upon which to judge the return of be-trothal gifts,"causing the giver absolute hardship"and"having given birth to a child"are the decisive ones for"passing or rejecting"a request for the return of betrothal gifts.Moreover,the provision of"for the purpose of marriage"includes two types of discretionary grounds affecting the amount of restitution,namely,"whether or not the marriage is registered"and"the time of living together".However,if the time of living together is more than two years,there should not be,in principle,any return to be granted.It is important to identify"facts of fault on both sides",including the recipient's defence in the event of return regarding the use and transformation od betrothal gifts in corre-spondence to her dowry,in order to eliminate the contradiction between the customs of betrothal gifts and the law.
customs of betrothal giftsaffianceregistration of marriageliving togetherordinary gifts
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