On the Theoretical Basis and Claim Construction of the Return of the Betrothal Gift
The act of paying the betrothal gift should still be recognized as a gift contract with a condition for rescission in nature.The betrothal gift payer enjoys unconditional right to revoke at will before the actual payment,and may also request the return of the betrothal gift based on the specific condition for rescission af-ter the actual payment.Judicial interpretation of the introduction of fault factors and dynamic system theory,can be interpreted as a further enrichment of the gift contract condition,but cannot change the nature of the gift contract.In the specific construction of the dynamic system theory,the joint needs of life and pregnancy situation,the amount of betrothal gift,the fault of both parties,the local customs shall be taken as the factors that play a role in the evaluation of the return of the betrothal gift,and establish the basic evaluation and even the principle example to regulate the legal effect.In the return of the betrothal gift,the creditor formalism should be the starting point for the construction of the basis of the claim.For real estate,movable property and the price of money,the right to request correction registration,the right to claim the return of the property and the right to claim the return of unjust enrichment can be claimed separately.
Return of the betrothal giftGift contract with a condition for rescissionFaultDynamic sys-tem theoryBasis of claim
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