| Betrothal gifts is a type of gift between men and women for the purpose of reaching agreement of marriage.As a traditional folk marriage custom,betrothal gifts can still be found commonly nowadays.However,the legal status of betrothal gifts is vague,which causes frequent lawsuits of betrothal gifts return in judicial practice.The Judicial Interpretation of Marriage Law(II)Article 10 stipulates the applicable situation of betrothal gifts return.However,the legal definition of betrothal gifts under this provision is vague and the return rules are rough,which is controversial in application.The lack of legal basis makes judges have to constantly invoke legal principles to rule cases.When dealing with similar cases,the legal bases for judgment can be very different,which eventually leads to the dilemma of different ruling in the similar cases.Judging from the current situation of judicial practice in our country,there are the following common problems in the disputes over the return of betrothal gifts caused by the dissolution of cohabitation relationship: the scope of betrothal gifts is difficult to define;the return of betrothal gifts is controversial;and the application of fault factors is unclear.There is an internal logical relationship between the above-mentioned controversial issues.A correct determination of the scope of betrothal gifts is the premise for the return of it.On the basis of determining the return of betrothal gifts,the specific return rules should be further analyzed.The determination of betrothal gifts should be based on the custom,purpose and timeliness,instead of only value or item.Marriage registration is not the only criterion for the return of betrothal gifts,nor is it the ultimate goal of betrothal gifts payment.Whether the betrothal gifts is returned or not should also be in accordance with whether both parties have the factual marriage and form a sustained and stable cohabitation relationship.In addition,the betrothal gifts return cases should be in accordance with attention to the balance between the application of laws and good customs,the fault factors of the parties should be taken as the specific consideration factor for the return of betrothal gifts to protect the reasonable trust of the innocent party.Based on the actual situation of judicial trials,the suggestions are put forward as follows in order to solve the cases of betrothal gifts disputes effectively: the criteria for determining betrothal gifts can be relaxed to a limited extent,with emphasis on the purpose of gifts;no matter whether both parties register for marriageor not,the cohabitation relationship should be taken as the main judgment basis for the return of betrothal gifts;fault factors should be clearly taken into consideration for the return of betrothal gifts and the fault behaviors should be classified.Further standardization of betrothal gifts determination and return rules can reduce disputes over the return of betrothal gifts and solve the dilemma of different judgments in similar cases in judicial practice. |
