How to get back the love fee given by my boyfriend?

First, the classification of love expenses

(A) the nature of the gift contract

Daily necessities and holiday gifts given by two lovers during their love can be returned.

These expenses are voluntary donations to enhance the feelings of both parties, and they are gifts and cannot be refunded.

(2) Expenditure for achieving a certain purpose

1. Generally, it is a large amount of property (TV sets, motorcycles, gold necklaces, high-end and expensive clothes, etc. ) and a certain amount of money (kowtowing gifts, etc.). ) What is given by one party in love or engagement shall be returned.

Because commodities or money exist on the basis of love relationship, on the premise of marriage, once this relationship does not exist, the other party loses the basis for obtaining property, and then occupying this property is unjust enrichment and should be returned. If there is no original, or the recipient cannot return it, it shall be compensated at a discount.

(3) From a moral point of view

According to Article 663 of the Civil Code, it is a serious violation of the donor's interests to use property as bait, play with others' feelings and be morally corrupt. Even if you give the other party a lot of property, you can choose to come back.

Second, the case description

Case 1: The nature of the gift cannot be returned.

The Chongqing Higher People's Court issued the fourth typical case of protecting women's rights and interests: the dispute over the gift contract between plaintiff Zhang Moumou and defendant Li Moumou.

The court held that a gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift. During the period of love and cohabitation, it is human nature for both parties to give each other property. If one party gives money to the other party during the period of love, if there is no or presumed purpose of marriage, it is only a courtesy exchange during the period of love. This behavior conforms to the legal characteristics of the gift contract, and it can be concluded that the two parties have essentially established a gift legal relationship.