The Judicial Dilemma and Solution of Bride Price Return from the Perspective of Marriage Purpose——Comment of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bribery Disputes
The purpose of marriage is to take sex and love,raising children,long-term and stable common life as the main content.The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bribery Disputes(interpretation[2024]No.1)on the scope of application of the rules,the qualification of the bride price,the subject of litigation and the specific rules of the return of the bride price all reflect the"purpose of marriage".In the current judicial practice in China,the dispute of the return of bride price is faced with the confusion of the confusion of judicial application,the failure of the parties reaching the legal marriage age,and the confusion of judicial identification of living together,which has not received a clear response in the interpretation[2024]No.1.In this regard,[2024]No.1 should divide"bride price"according to whether the act of paying and accepting property has the directivity of marriage purpose;directly exclude such ca-ses on the ground that the parties under the legal marriage age cannot achieve the purpose of marriage;identify the common life according to the realization of the purpose of marriage.
NETL
NSTL
万方数据
