A Legal Interpretation and Application Analysis of the Latest Regulations on the Return of Betrothal Gifts
The Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving the Issue of Betrothal Gifts issued by the Supreme People's Court clarifies the scope of application,the scope of betrothal gifts,the qualifications of litigation subjects,the proportion and methods of return,and adds the criterion of"cohabitation"for consideration.The social governance background empha-sizes the integrated construction of the rule of law,covering three basic legal principles:the principle of fairness,the principle of actual loss,and the principle of fault,and incorporates legal wisdom from both ancient and modern times,as well as from China and the West.In practice,disputes over the return of betrothal gifts encounter challenges such as difficulties in determining the amount of betrothal gifts and disputes over the allocation of the burden of proof.Therefore,measures such as clarifying the identification standards for betrothal gifts,optimizing the allocation mechanism of the burden of proof,and strengthening publicity and education are put forward,with the expectation of providing references for the resolution of disputes over the return of betrothal gifts.
latest regulations on the return of betrothal giftslegal interpretationmarital and familial doctrineimprovement path
万方数据
维普
