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  4. Vol 4, Issue 2, 2025

Construction of the Rule of the Right to Return Betrothal Gifts

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DOI: 10.23977/law.2025.040203 | Downloads: 8 | Views: 162

Author(s)

Nan Chen 1

Affiliation(s)

1 The University of New South Wales, Sydney, 2052, Australia

Corresponding Author

Nan Chen

ABSTRACT

According to Article 1042 of the Civil Code of the People's Republic of China, it is not allowed by law to demand property through marriage. However, in reality, high-priced betrothal gifts are common in some areas and even getting worse. Therefore, based on the discussion of the theories of simple gift, quasi-contract, similar deposit, gift with a condition for termination, and custom regarding betrothal gifts, I construct the theoretical basis for the right to request the return of betrothal gifts. Moreover, based on the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes Involving Betrothal Gifts" (hereinafter referred to as the "New Regulations of the Supreme People's Court") and the Civil Code of the People's Republic of China, I puts forward my understanding of the determination of the parties involved in betrothal gifts, the nature of the engagement, the validity of the parties' agreements on betrothal gifts, the understanding of "causing the giver to have a difficult life", and the circumstances under which betrothal gifts will not be returned, and thereby constructs the rules for the return of betrothal gifts.

KEYWORDS

The right to return betrothal gifts; gift with purpose; rules refactoring on the return of betrothal gifts

CITE THIS PAPER

Nan Chen. Construction of the Rule of the Right to Return Betrothal Gifts. Science of Law Journal (2025) Vol. 4: 16-23. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040203.

REFERENCES

[1] Liu Binbin: The reflection and reconstruction of betrothal gifts return system based on the spirit of the Civil Code [J]. Tianjin Law, 2021, p. 53.
[2] Sun Bangjin and Chen Anjin. On the Confucian Gift view [J]. Philosophical Studies, 2013, p. 34.
[3] Chen Tongyu, Gao Yihang, Zhong Jiahao, et al. Research on the legal system of betrothal gifts return in China [J]. Southern Journal, 2024, (10): 68-71 
[4] Shūzō Shiga. translated by Zhang Jianguo and Li Li. Principle of the Chinese family law [M]. Beijing: The Commercial Press, 2013. page 52. 
[5] See Civil Judgment No.11703 (2022) of Tianjin.
[6] See Civil Judgment No.173 (2014) of Xiuzhou District People's Court, Jiaxing City, Zhejiang Province.
[7] See Article 7 and Article 9 of the Guiding Opinions (Trial) (2008).

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