Rules on the Payment and Return of Betrothal Gifts
China's current laws have no special provisions on engagement and betrothal gifts,so the nature of betrothal gifts payment has become the task of civil law interpretation.Characterizing the payment of the betrothal gifts as a"purposeful gift"can avoid and over-come any discord between the parties and the intention to establish a gift relationship that is inconsistent with the original or true inten-tion of the parties based on the"gift theory with rescission conditions".It can also find a reasonable civil law interpretative path for the generation of the right to claim for the return of the betrothal gifts and the determination of the scope of the betrothal gifts.The return of the betrothal gifts due to the failure to achieve the purpose of payment is the return of property derived from unjust enrichment,and the unjust enrichment clause of the Civil Code and the judicial interpretation on the return of the betrothal gifts form the basis for the right to claim the return of the betrothal gifts.The"Provisions on Several Issues Relating to the Application of Law in the Trial of Cases Invol-ving Betrothal Gifts Disputes"and"Interpretation of the Application of Marriage and Family Code(Ⅰ)"adopted by the Supreme People's Court constitute together a logical and complete judicial rule on the application of laws relating to disputes over betrothal gifts.This will also provide a clear basis for judicial practice in the future.
payment of betrothal giftspurposeful giftreturn of betrothal giftsunjust enrichmentreference factors
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